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h i-oiu the Jarbof !
ISIASD-SHNFC
COBBETT'S
COMPLETE COLLECTION
OF
State Trials.
VOL. II.
rtMMi^M*
V
* *WL*i
COBBETT'S
*.. '• •
c d mp ii£ t is co 1 1 e c tto n
OF
State Trials
AND
PROCEEDINGS FOR HIGH TREASON AND OTHER
CRIMES AND MISDEMEANORS
FROM THE
EARLIEST PERIOD TO THE PRESENT TIME.
VOL. II.
COMPRISING THE PERIOD
FROM THE FIRST YEAR OF THE REIGN OF KING JAMES
THE FIRST, A.D. 1603, TO THE THIRD YEAR OF THE
REIGN OF KING CHARLES THE FIRST, A.D. l627«
LONDON:
PRINTED BY T. C. HANSARD, PETERBOROUGH-COURT, FLEET-STREET.
PUBLISHED BY R. BAOSHAW, BRY DORS STREET, COVBNT-GARDBN ; AND SOLD
BY J. BUDD, PALL-MALL; J. FAULDER, NBW-BOND-STREET ; S1JFBWOOD,
JfBBLBY AND JONES, PATERNOSTER-ROW ; BLACK, PARBY AND KINGSBURY,
LB AD BNH ALL-STREET; BELL AND BRADFUTR, EDINBURGH; AND J. ARCHER,
DUBLIN.
1S09.
50-3. '
• • • •
• • •
• • » •
- • • • '
• • • •
• ••• v
• •• • # • •
• • • • • •
• •
• • • • •
• • w » • •
• • 1 • •
• • • . • •
• • • •
• • • • I
•• •
• • • • <
• • • •
• • «••••<
* •
TABLE 'OF CONTENTS
TO
VOLUME II.
ft
STATE TRIALS IN THE REIGN OF
KING JAMES THE FIRST.
%* The new Matter is marked [N.}
^>
Pag*
#4. The Trial of Sir Walter Raleigh, knt at Winchester, for High Treason,
1003 -.-!
75. The Trial of Sir Grtffik Markham, knt. Sir Edward Parham, knt. George
Brooke, esq. Bartholomew Brookesby, esq. Anthony Copley, Wil-
liam Watson, Priest, and William Clarke, Priest, for High Treason,
at Winchester, 1603 62
76. Proceedings in a Conference at Hampton Court, respecting Reforma-
tion of the Church, 1004 [N.J 70
77. The Case between Sir Francis Goodwin and Sir John Fortescue, relative
to a Return for the County of Buckingham, 1004 - - - 01
75. The Cass of Mixed Money in Ireland, 1605 114
79. Articuli Cleri : Articles (so intitled by Lord Coke) of Complaint against
the Judges of the Realm ; exhibited by Richard Bancroft, Arch-
bishop of Canterbury, in the Name of the whole Clergy, 1605.
Together with the Answers thereunto by all the Judges and Barons
[N.] - - - . - 131
60. Tbm Trials of Robert Winter, Thomas Winter, Guy Fawkes, John
Grant, Ambrose Rookwood, Rob est Keyes, Thomas Bates, and Sir
Bveraio Dioby, at Westminster, for High Treason, being Conspira-
tor! in the Gunpowder-Plot, 1606 U9
The History of the Gunpowder-Plot, written by King James him-
self, extracted from the first Collection of his Works published
his life-time by Mountague, Bishop of Winchester [N]. 105
▼i TABLE OF CONTENTS.
Page
61. The Trial of Henry Garnet, Superior of the Jesuits in England, at the
Guildhall of London, for High Treason, being a Conspirator in the
Gunpowder Plot, 1606 218
68. A true Report of the Arraignment, Tryall, Conviction, and Condemnation,
of a Popish Priest, named Robert Drewrie, at the Sessions-house in
the Old Bay lie, on Friday and Wednesday, the 20th and 24th of Fe-
bruary, 1687 [N.] 358
63. The Case of Impositions, on an Information in the Exchequer by the At-
torney-General against Mr. John Bates, Merchant, 1606 — 1610 - 371
84. The Conviction and Attainder of Robert Lalor, Priest, being indicted on
the Statute of the 16th Richard II. cap. 5 : Commonly called, The
Case of Praemunire in Ireland ------- 534
85. The Case of the Postnati, or of the Union of the Realm of Scotland .with
England, 1608 550
86. The Trial of George Sprot, in Scotland, for High Treason, in conspiring
with John Earl of Gowrie, to murder King James I. 1 60ff - - 698
87. The Process and Trial of Robert Logan, of Restalrig, for High Treason,
in conspiring with John Earl of Gowrie, to murder King James 1. 1609 707
8S. The Trial of Lord Balmerinoth, at St. Andrew's, for High Treason, 1609 722
89. The Case of Proclamations, 1610 [N.] 723
90. The Cases of Bartholomew Legat and Edward Wightman, for Heresy,
1612 [N.] 727
91. The Earl of Shrewsbury's Case ; or the Case of Dignities, 1612 [N.] - 742
92. The Arraignment and Confession of the Lord Sanquire, (who, being a Baron
of Scotland, was arraigned by the Name of Robert Creighton, esq.)
at the King's-bench Bar, in Westminster-hall, the 27th of June, for
procuring the Murder of John Turner, a Master of defence, whom
he caused to be shot with a Pistol by one Carliel, a Scottish-man, for
thrusting out one of his Eyes in playing at Rapier and Dagger, 1612 743
98. Proceedings against Mr. James Whitelocke, in the Star-Chamber, for
a Contempt of the King's Prerogative, 1613 .... - 766
94. Proceedings against Mary Countess of Shrewsbury, before a Select Coun-
cil, for a Contempt in refusing to answer fully before the Privy Coun-
cil, or to subscribe her Examination, 1612 "- - - - - 770
95. Case of Mr. William Talbot, on an Information ort terms, for maintain-
ing a Power in the Pope to depose and kill Kings, 1613 - 77$
96. Proceedings between the Lady Frances Howard, Countess of Essex, and
Robert Earl of Essex, her Husband, before the King's Delegates, in a
Cau^c of Divorce, 1613 786
97. The Earl of Northampton's Case, 1613 [N.] 862
99. Proceedings against Dr. Richard Keile, Bishop of Lincoln, for Words
spoken in Ue House of Lords, 16 U[N.] 8G6
TABLE OF CONTENTS. vit
Page
99. The Case of Edmund Peacbam, for Treason, 1615 £N.] . 870
100. The Case of John Owen, otherwise Collins, for Treason, 1015 [N.] • 879
•1. Proceedings against John Ogilyiz, for High Treason, at Glascow, in
Scotland, 1615 884
The Arraignment of John Ogihrie, on Tuesday the 28th of February,
in the Town-house of Glascow, before James Hamilton, James
Bell, Colin Campbell, and James Bradwood, Bailifls of the City,
Justices appointed by special Commission for that Business, by
the Lords of the Priry-Council ------ 887
103. The Case of Mr. Oliver St. John, on an Information ore terms, in the
Star-Chamber, for writing and publishing a Paper against a Benevo-
lence collected under Letters of the Privy-Council, 1015 - - - 899
103. The Trial of Richard Weston, at the Guildhall of London, for the Mur-
der of Sir Thomas Overbury, 1015 -' 911
104. The Trial of Anne Turner, Widow, at the King's-bench, for the Murder
of Sir Thomas Overbury, 1015 ------. 930
106. The Trial of Sir Jervis Elwes, knt. Lieutenant of the Tower ; at the
Guildhall of London, for the Murder of Sir Thomas Overbury, 1015 - 935
100. The Trial of Jambs Franklin, at the King's-bench, for the Murder of
Sir Thomas Overbury, 1015 ---.... 047
107. The Arraignment of Sir Thomas Monson, knt. at the Guildhall of Lon-
don, for the Murder of Sir Thomas Overbury, 1015 ... 950
106. The Trial of the Lady Frances Countess of Somerset, for the Murder of
Sir Thomas Overbury, 1010 - 951
109. The Trial of Robert Carr, Earl of Somerset, for the Murder of Sir
Thomas Overbury, 1610 966
110. The Proceedings against Sir John Hollis, Sir John Wbntworth, and Mr.
Lvmsden, in the Star-Chamber, for traducing the Public Justice, 1015 1022
111. The Case of Duels; or Proceedings in the Star-Chamber, against Mr.
William Priest, for writing and sending a Challenge, and Mr.
Richard Wright for carrying it, 1615 - 1034
113. The Case of Mart Smith, for Witchcraft, 1616 [N.] ... -1050
113. Proceedings against Mr. Wraynham, in the Star-Chamber, for slander-
ing the Lord-Chancellor Bacon of Injustice, 1018 - • - - . 1059
114. The Caseof Williams, of Essex, for Treason, 1019 [N.] - 1080
1 15. Proceedings in Parliament against Francis Bacon Lord Verulam, Viscount
St. Albans, Lord Chancellor of England, upon an Impeachment for
Bribery and Corruption in the Execution of his Office: And also
against Dr. Theophilus Field, Bishop of Llandaff, 1020 - 1037
1Mb Proceedings in Parliament against Sir Giles Mompesson, a Monopolist
end Patentee, 10SO [N.] - - - - - - - -1119
Tlii TABLE OF CONTENTS.
117. Proceedings in Parliament against Sir Francis Micheia, a Monopolist
and Patentee, and Co-partner with Sir Giles Mompesson, 1621 [N.] 1131
118. Proceedings against Sir Henry Yelverton, the King's Attorney-General,
for Misdemeanors, 1621 [N.] - - 113i^
119. Proceedings in Parliament against Sir John Bennett, knt for Bribery
and Corruption, 1621 [N.] 1146
120. Proceedings in Parliament against Edward Flotde, for scandalizing the
Princess Palatine, 1621 [N.] 1154
121. Proceedings against George Abbot, Archbishop of Canterbury, for the
killing of Edward Hawkins, one of the Lord Zouch's Keepers, 1621
[N.] - - - - 1150
occedings on the Impeachment of the Lord
High drimes and Misdemeanors, 1624 [N/
122. Proceedings on the Impeachment of the Lord Treasurer Middlesex, for
.] 1183
123. Proceedings in Parliament against Samuel Harsnet, Bishop of Norwich,
for Extortion and other Misdemeanors, 1624 [N.] .... 1254
KING CHARLES THE FIRST.
124. Proceedings in Parliament against Richard Mountagub, Clerk, for pub-
lishing a factious and seditious Book, 1625 [N.] - . . - 1258
125. Proceedings in Parliament against the Duke of Buckingham, the Earl of
Bristol, and the Lord Conway, for High Crimes and Misdemeanors,
1626 [N.] 1267
126. Case of George Abbot, Archbishop of Canterbury, for refusing to licence
a Sermon preached by Dr. Sibthorpe, in order to promote the Loan
and to justify the King's imposing Public Taxes without consent of
Parliament, 1627 [N.]- 1450
COBBETTS
COBBETT'S
COMPLETE COLLECTION
OF
State Trials.
74. The Trial of Sir Walter Raleigh, knt. at Winchester, for High
Treason: 1 James I. 17th of November, a. d. 1603.
1 HE Commissioners were, Henry Howard,
earl of Suffolk, Lord Chamberlain ; Charles
Blunt, earl of Devon; lord Henry Howard,
afterwards earl of Northampton ; Robert Cecil,
earl of Salisbury : Edward lord Wotton of
Morlev; sir John Stanhope, Vice Chamberlain,
L. C. Justice of England, Pophom ; L. C. Justice
of the Common-Pleas, Anderson ; Mr. Justice
Gawdie; Justice Warburton; and sir W. Wade.
First, the Commission of Oyer and Terminer
was read by the Clerk of the Crown Office;,
and the prisoner bid to hold up hi* hand.
And then presently the Indictment, which
was in effect as folio wet h :
" lliat he did conspire, and go about to
deprive the king of his Government ; to
raise up Sedition within the realm ; to alter
religion, to bring in die Roman Superstition
and to procure foreign enemies to invade
tlie kingdom. That the lord Cobham, the 9th
of June last, did meet with the said sir Walter
Raleigh in Durham- house, in the parish of St.
Martin's in the Fields, and then and there had
conference with him, liow to advance Arabella
Stuart* to the crown and royal throne of this
* This Arabella Stuart was daughter of
Charles Stuart earl of Lennox, brother of Henry
lord Darnley father of king James th;; 1st.
Thfse Charles and Henry were sons of Mar-
garet the daughter of Margaret eldest sister of
Henry 8th, and mother of Jiimcs the r»th of
Scotland, father of the celebrated Marv the
mother of James the 1st of England. Tl*' con-
temporary historian Wilson, after mentioning
the poisoning of Over bury, Writes thus: 4* The j
lady Arabella dying about tin* time in the
Tower, *et mens tongues and fears at work,
chat she went the same wav. Such mi-ehicf
doth one evil action introduce, thdt it unites a
great road for jealousy to punue after it. The
\Ql~ IL
kingdom ; and that then and there it was
agreed, that Cobham should treat with Arem-
berg, embassador from the archduke of Austria,
to obtain of him 600,000 crown*, to bring to
pass their intended treason. It was agreed
that Cobham should go to the archduke Albert,
to proeure him to advance the pretended titl«
of Arabella : from thence knowing that Albert
had not sufficient means to maintain his own
army in the Low Countries, Cobham should go
lady was daughter to Charles Stuart, (younger
brother to our king's father) by Elizabeth Ca-
vendish, and was married some years past to sir
William Seymour, son to the lord Beauchamp,
and grandchild to Edward earl of Hertford;
both at some distance allied to the crown,
therefore such a conjunction would not be ad-
mitted in the Royal Almanack ; so dreadful is
every apparition that comes near princes titles.
Sir William Seymour for the marriage was com-
mitted to the Tower, and the lady Arabella con-
fined to her house at High-gate. But after4some
imprisonment, they conclude to escape beyond
sea together ; appointing to meet at a certain
place upon the Thames. Sir William leaving his
man in his bed, to act his part with his keeper,
got out of the Tower in a disguise, and came to
the place appointed. She, dressed like a young
gallant in man's attire, followed him from her
houte ; but staying long above the limited time,
made him su>picious of her interception ; so
that he went away, leaving notice if she came,
that he was gone away before to Dunkirk.
She, good lady, fraught with more fears, and
larging in her flight, was apprehended, brought
hack to the Tower, and there finished her
earthly pilnrimn^c. She beini; dead, sir Wil-
liam Seymour got leave to return home, and
man led since to the ladv France?, daughter t#
the l.'.'e ea:l of E>sex."
u
']
STATE TRIALS, 1 James I. 1603 Trial & Sir Walter Raleigh,
I*
to Spain to procure the kin*: to assist and further
her pretended title. — It was agreed, the better
to effect all this Conspiracy, that Arabella should
write three Letters, one to the Archduke,
smother to the king of Spain, and a third to
the duke of Savoy ; and promise three things :
— 1. To establish a firm Peace between Eng-
land and Spain. 2. To tolerate the Popish and
Roman Superstition. 3. To be ruled by them
in contracting of her Marriage. — And for the
efFectiug of these traiterous purposes, Cobham
^iould return by the isle of Jersey, and should
find sir Walter Raleigh captain of the. said
Isle, there, and take counsel of Raleigh for the
distributing of the aforesaid, crowns, as (he
occasion or discontentment of the subjects
should give cause and way. — And further, That
Cobham and his brother Brook met on the
9th of June last, and Cobham told Brook all
these Treasons : to the which Treasons Brook
gave his assent, and did join himself to all these.
And after, on the Thursday following, Cobham
and Brook did speak these words ; 'That there
would never be a good world in England, till
the king' (u.eaning our sovereign lord) ' and
his cubs' (meaning Ins royal issue) ' were taken
away/ — And the more to disable and deprive
the kill); of his crown, and to confirm the said
Cob ham in his intents, Raleigh did publish a
Book, tiiWy written against the most just and
royal Title of the king, knowing the said Book
to he written Jigainst the just Title of the king;
which Book Cobham after that received of him.
Further, for the better effecting these traiterous
purposes, and to establish the said Brook in
his intent, the said Cobham did deliver the
said Book unto him the 14th of June. And
further, the said Cobham, on the Kith of June,
To the Indictment, Sir Walter Raleigh plead*
ed Not Guilty.
The Jury were sir Ralph Conisby, sir Thomas
Fowler, sir Edward Peacock, sir Wm. Rowe,
knights ; Henry Goodyer, Thomas Walker, Ro-
ger Wood, Thomas Whitby, esquires; Tho.
Highgate, Robert Kempton, John Chawkey,
Robert Bromley, gentlemen.
Sir Walter Raleigh, Prisoner, was asked.
Whether he would take exceptions to any of
the Jury ?
Raleigh. I know none of them ; they are
all Christians, and honest gentlemen, I except
against none.
£. of Suffolk. You gentlemen of the king's
learned Counsel, follow the same course as
you did the other day.
'Raleigh. My lord, I pray you I may an-
swer the points particularly as they are deli-
vered, by reason of the weakness of my me-
mory and sickness.
L. C. J. Popham. After the king's learned
council have delivered all the Evidence, sir
Walter, you niay answer particularly to what
you will.
He ale y the King's Serjeant. You have heard
of Raleigh's bloody attempts to kill the king
and his royal progeny, and in place thereof,
to advance one Arabella Stuart. The particu-
lars of the Indictment are these : Fir&t, that
Raleigh met with Cobham the 9th of June,
and had Conference of an Invasion, of a Re-
bellion, and an Insurrection, to be made by
the king's Mibjcns, to depose the king, and to
kill his children, poor babes that never gave
offence. Here i* blood, here is a new king
and governor. In our king consists all our
happiness, and the true use of the Gospel ; a
for accomplishment of the said Conference, thing which we all wish to be settled, after the
and by the traiterous instigation of Raleigh, did death of the queen. Here must be Money to
move Brook to incite Arabella to write to the do this, for monev is the sinew of war. Where
three fore named prince*, to procure them to
advance her Title; and that she after she had
obtained the crown, should promise to per-
form three things, viz. 1. Peace between Eug-
sliould that be had? count Aremberg must
procure it of Philip kiug of Spain, five or six
hundred thousand crowns'; and out of this
sum Raleigh must have 8000. But what is
laud and Spurn. 2. To tolerate with impunity thut count Arcmbci-g ? Though I am no good
the Popish and Roman Superstitions. tf. To Frenchman, yet it is as much as to say in Eng-
be ruled by them three in the contracting of
her marriage. — To these motions the said
Brook gave his assent. And for the better ef-
fecting of the snid Treasons, Cobham ou the
17 th of June, by the instigation of Raleigh,
did
deliver the said Letters to oue Matthew de
Luureucy, to be delivered to the said count,
which he did deliver, for the obtaining of the
600,000 crowns : which money by other Let-
ter* count Aremberg did pn»mi>e to perform
the pa) meat of; and tln&LiUer Cubhim re-
ceived the UUh of June. And then did Col >-
hsun prouiue to Raleigh, that wh;n he hid re-
ceived the said monev, l»; would dciiwr lUK)0
crowns to him, to which metion he did consent;
and afterwards Cobham otfered Brook, that after
he should receive the said crowns, he would give
to him 10,000 thereof; to which motion Brook
did assent.1*
lish, earl of Aremberg. Then there must be
Friends to effect this: Cobhain must go to Al-
bert archduke of Austria, for whom Aremberg
v.ai ambassador at that tunc in England. And
vhat then ? He must persuade the duke to as-
writ e Letters to count Aremberg, and did ^%t the pretended title of Arabella. From
— •'■ :1 r '■ ^ "' ' ' thence Cobhain imi.i -o to the king of Spam,
and persuade him to assist the said title. Since
the Conquest, th? re uus never the like Trea-
son. But out ol whose head carrie it? Out of
Kale-iib's, who ii.u«l also advise Cobham to
us>o hit brother Ihool; to incite the lady Ara-
bella 4<> write three sceral Letters, as afore-
said in the Indictment : all this was on the 9th
of June. Then three itnys after, Brook was
acquainted with it. After this, Cobham said
to Biouk, ' It will never be well in England,
till the king and his ' cubs1 are taken away/
Afterwards, Raleigh delivered a book to Cob*
bam, treacherously written against the Titfeof
STATE TRIALS, ] James I. 1603— for High Treason.
[«
the king. It appears that Cobham took Ra-
leigh to be either a God, or an idol. Cobham
endeavours to set up a new king, or governor ;
God forbid mine eyes should ever see so un-
happy a change. As for the lady Arabella, she,
upon my conscience, hath no more Title to the
crown than I have, which before God 1 utterly
renounce. Cobham, a man bred in England,
hath no experience abroad; but Raleigh, a
man of great wit, military, and a sword- man.
Now, whether these things were bred in a
hollow tree, I leave to theui to speak of, who
can speak tar better than myself. — And so sat
him down again.
Attorney General (Sir Ed. Ooke) I must
first, my lords, before I come to the cause, give
one caution, because vie shall often mention
persons of emineot places, some of them great ,
monarch* : whatever we say of them, we shall
but repeat what others have said of them ; I
mean the Capital Offenders in their Confes-
sions. We professing law, must speak reve-
rently of kings and potentates. I perceive
these honourable lords, and the rest of this
great assembly, are come' to hear what hath
been scattered upon the wrack of report. We
carry a just mind, to condemn no man, but
upon plain Evidence. Here is Mischief, Mis-
chief in summo gradu, exorbitant Mischief.
My Speech shall chiefly touch tliese three
points; Imitation, Supportation, and Defence.
—The Imitation of evil ever exceeds the Prece-
dent; as on the contrary, imitation of good
ever comes short. Mischief cannot be sup-
ported but by Mischief; yea it will so multiply,
that it will bring all to confusion. Mischief is
ever underpropped by falshood or foul practices :
and because all these things did concur in this
Treason, you shall understand the main, as
before you did the bye. — The Treason of the
bye cousisteth in these Points : first, that the
lord Grey, Brook, Markham, and the rest, in-
tended by force in the night to surprize the
king's court; which was a Rebellion in the
heart of the realm, yea, in the heart of the
heart, in the Court. They intended to take
him that is a sovereign, to make him subject to
their power, purposing to open the doors with
musquets and cavaliers, and to take also the
Prince and Council : then under the king's
authority to carry the king to the Tower;
and to make a stale of the admiral. When
they had the king there, to extort three
things from him: first, A Pardon for all their
Treasons: Secondly, A Toleration of the Ro-
man Superstition ; which their eyes shall sooner
fall out than th**y shall ever see; for the king
hath spoken these words in the hearing of
many, ' I will lose the crown and my life,
before ever I will alter Religion.' And thirdly,
To remove Counsellors. In the room of the
Lord Chancellor, they would have placed one
Watson spriest, absurd in Humanity and ij;-
aorant in Divinity. Brook, of whom 1 will
fpeak nothing, Lord Treasurer. The great
Secretary most be Markham ; Oeulus patriae.
A hole must be found in my Lord Chief Jus-
tice's coat. Grey must be Earl-Marshal, and
Master of the Horse, because he would have a
table in the court ; marry, he would advance
the earl of Worcester to a higher place. All
this cannot be done without a multitude :
therefore Watsou the priest tells a resolute man,
that the king was in danger of Puritans and
Jesuits ; so to bring him in blindfold into the
action, saying, That the king is no king till he
be crowned ; therefore every man might right
his own wrongs : but he is rex natus, his dig-
nity descends as well as yours, my lords. Then .
Watson imposeth a blasphemous Oath, that
they should, swear to defend the king's person ;
to keep secret what was given them in charge,
and seek all ways and means to ndvance the
Catholic Religion. Then they intend to send
for the Lord Mayor and the Aldermen, in the
king's name, to the Tower ; lest they should
make any resistance, and then to take hostages
of them ; and to enjoin them to provide for
them victuals and munition. Grey, because
the king removed before Midsummer, had a
further reach, to get a Company of Sword-men
to assist the action : therefore he would stay
till he had obtained a regiment from Ostend or
Austria. So you see these Treasons were like
Sampson's foxes, which were joined in fheir
tails, though their heads were severed.
Raleigh. You Gentlemen of the Jury, I
pray remember, I am not charged with the
feye, being the Treason of the priest.
Attorney. You are not. My lords, you
shall observe three tilings in the Treasons : 1 .
They had a Watch-word (the king's safety);
their Pretence w as Bonum in se ; their Intent
was Malum in se ; 2. They avouched Scrip-
ture; both the priests had Scrip turn est ; per-
verting and ignorant ly mistaking the Scriptures :
3. They avouched the Common Law, to prove
that he was no king until he was crowned ;
alledging a Statute of 13 Eliz. This, by way of
Imitation, hath been the course of all Traitors.
— In the 20th of Edw. '2. Isabella the Queen,
and die lord Mortimer, gave out, that the king's
Person was not safe, for the good of the Church
and Commonwealth. The Bishop of Carlisle
did preach on this Text, * My head is grieved/
meaning by the Head, the Kins; ; what when
the Head began to be negligent, the people
might reform what is amiss. In the 3rd of
Henry 4, sir Roger Clarendon, accompanied
with two priests, gave out, that Richard 2, was
alive, when he was dead. Edward 3 caused
Mortimer's head to be cut off, for giving
counsel to murder the king. The 3rd of
Henry 7. sir Henry Stanley found the crown in
the dust, and .set it on the king's head : when
Firzwater and Garret told him, that Edward 5
was alive, he said, * If he be alive, I will assist
him/ Rut this cost him his head. Edmund de
la Pole, duke of Sutfolk, killed a man in the
reign of king Henry 7, for which the king would
have him hold up his hand at the h:tr, and then
pardoned him: Yet he took such an offence
thereat, that he sent to the noblemen to help to
reform the Commonwealth ; and then said, he
']
STATE TRIALS, I James I. 1 80S.— Trial rf Sir Walter Raleigh,
[»
would go to France and get power there. Sir
Roger, Coinpton knew nil the Treason, and
discovered Win don and others that were at-
tainted. He said, there was another thing that
would be stood upon, namely, that they had
but one Witness. Then he vouched one
Apple yurd's Case, a Traitor in Norfolk, who
said, a man must have two accusers. Helms
was the man that accused him ; hut Mr. justice
Catlin said, that that Statute was not in force
at that day. His words were, ' Thrust her
into the ditch.* Then he went on speaking of
Accusers, and made this difference : an Ac-
cuser is a spenkcr by report, when a Witness
is he thnt upon his oath shall speak his know-
ledge of any man. — A third sort of Evidence
theic is likewise, and this is held more forcible
than cither of the other two; and that is, when
a man, by his accusation of another, shall,
by the same accusation, also condemn him-
self, and make himself liable to the same fault
and punishment : this is more 'forcible than
many Witnesses. So then so much by way of
Imitation. — Then he defined Treason : there
is Treason in the heart, in the hand, in the
mouth, in consummation: comparing that in
eordc to the root of a tree ; in ore, to the
bud ; in tttanu to the blossom ; and thnt
which is in consumwatione, to the fruit. —
K«w I come to your Charge, You of the Jury:
the greatness ot Treason is to be considered in
these two things, Dctcrmmationc jlnis, and
Elect tone waiiorum. This Treason excel let h
in both, for that it was to destroy the king and
his progeny. These Treasons are said to be
Crimen Imc mnjeutatis; this goeth further, and
may he termed, Crimen exlirpnndtc regia mu-
JL'stutii, 4" totius progenici sittt. I shall not need,
on discontented persons, to raise Rebellion on
the kingdom.
Raleigh. Let me answer for myself.
Attorney. Thou shalt not.
Raleigh. It concerneth my life.
L. C. J. Sir Walter Raleigh, Mr. Attorney
is hut yet in the General : but when the king's
Counsel have given the Evidence wholly you
shall answer every Particular.
Attorney. Oh ! do I touch you ?
Lord Cecil. Mr. Attorney, when you have
done with this Geurral Charge, do you not
mean to let him answer every Particular ?
Attorney. Yes, when we deliver the Proofs
to be read. Raleigh procured Cobham to go
to A rem berg, which he did by his instigation :
Raleigh supped with Cobham before he went to
A rem berg; after supper, Raleigh conducted him
to Durham-house; trom thence Cobham went
with Lawrency, a servant of ArembergV, unto
him, and went in by a back way. Cobham
could never be quiet until he had entertained
this motion, for he had four Letters from Ra-
leigh. Aremberg answered, The Money should
be performed, hut knew nut to whom it should
be distributed. Then Cohliam and Lawrcucy
came back to Durham-house, where they found
Raleigh. Cobham and Raleigh went up, and
left J^iwrenry below, where they had secret
conference in a gallery ; and atter, Colduin
and Lawrency departed from Raleigh. Your
jargon was Peace : What is that? Spanish In-
vasion, Scoiish Subversion. And again, you
are not a lit man to take s-o much Money for
procuring of a lawful Peace, for peace procured
by monev is dishonourable. Then Cobham
mu^t go to Spain, and return by Jersey, where
you were Captain : and then, because Cobham
my lords, to speak any thing concerning the had not so much policy, or at len&t wickedness,
King, nor of the bounty and sweetness of his as you, he must have your advice for the tus-
natiue, who^e thoughts are innocent, whose tribution of the Money. Would you have de-
words are full of wisdom and learning, and posed so pood a king, lineally descended of Eli-
whose works are full of honour: although it be zabcth, eldest daughter of Edward 4? Why
a true Saying, Nuttquam nimis quod antiquum then must you set yp another ? I think you
meant to make Arabella a Titular Queen, of
whose Title I will speak nothing ; but snr<» yuu
talis. But to whom do \ou bear Malice? to
the Children ?
Raleigh. To whom speak you this? You
tell me news I never heard of.
Attorney. Oh, sir, do I ? I will prove you
the notonest Traitor that ever came to the bar.
meant to make her a stale. Ah ! good bmy,
you could mean her no good.
Raleigh. You tell me news, Mr. Attorney.
Att. Oh, sir! I am the more large, because
After you have taken away the King, you would I I know with whom I deal : for we have to deal
alter Religion : as you sir Walter Raleigh, have ■ to-day with a man of wit.
followed them of the Dye in Imitation : for I
will charge you with the Words.
Raleigh. Your words cannot condemn me;
my innocency is my defence. Prove one of
these things wherewith you have charged me,
and I will confess the whole Indictment, and
that I am the horriblest Traitor that ever lived,
and worthy to be crucified with a thousand
thousand torments.
Attorney. Nay, I will prove all : thou art a self; I say nothing.
Rultigh. Did I ever speak with this lady ?
Att. J will track you out before I have
done. Englishmen will not be led hy persua-
sion of words, but they must have books to per-
suade.
Raleigh. The Book was written by a man
of your profession, Mr. Attorney.
Att. I would not have you impatient.
Ra/eifih. Methinks you fall out with your-
monster; thou host an English face, but a Spa-
nish heart. Now you must have Money : Arem-
berg was no sooner in England (I charge thee
Raleigh) but thou incitedst Cobluim to go unto
him, and to deal with him for Money, to bestow
Att. By this Book you would persuade men,
thnt he is not the law ml king. Now let us
consider some circumstances : My lords, you
know my lord Cobham (lor whom we all lament
aud rejoice ; lament in that .his house, which
9]
STATE TRIALS, 1 Jambs I. l603.-^r High Treaton.
[1»
hath stood so long unspotted, is now ruinated ;
rejoice, in that his Treasons are revealed i\ he
is neither politician nor sword man ; Raleigh
was bothy united in the Cause with him, and
therefore cause of his destruction. Another
circumstance is, the secret contriving of it.
Humphry Stafford claimed Sanctuary for Trea-
son. Raleigh, in his Machiavelian policy, hath
made a Sanctuary for Treason : lie must talk
with none but Cobham ; because, saith he, one
Witness can never condemn me. For Brook
said unto sir Griffith Markhum, ' Take heed
' how you do make my lord Cobham acquaint-
• ed ; for whatsoever he knoweth, Raleigh the
' witch will get it out of him/ As soon as Ra-
leigh was examined on one point of Treason
concerning my lord Cobham, he wrote to him
thus ; ' I nave been examined of you, and con-
4 fessed nothing.' Further, you sent to him by
your trusty Francis Kemish, that one Witness
could not condemn : and therefore bad his
lordship be of good courage. Came this out
of Cobham's quiver ? No : but out of Raleigh's
Machiavelian and devilish policy. Yea, but
Cobham did retract it ; why then did ye urge
it ? Now then see the most horrible practices
that ever came out of the bottomless pit of the
lowest hell. After that Raleigh had intelligence
that Cobham had accused him, he endeavoured
to have intelligence from Cobham, which he
bad gotten by young sir John Pay ton : but I
think it was the error of his youth.
Raleigh. The lords told it me, or else I had
not been sent to the Tower.
Alt. Thus Cobham, by the instigation of
R-ilemh, entered into these actions : So that
tbe question will be, Whether you are not the
imocipal Traitor, and he would nevertheless
wive entered into it ? Why did Cobham retract
all that same ? First, Because Raleigh was so
odious, he thought lie should fare the worse for
Lis sake. . Secondly, he thought thus with him-
*if, If he be free I shall clear myself the bet-
Ur. After this, Cobham asked for a Preacher
t" confer with, pretending to have Dr. An-
drew* ; but indeed he meant not to have him,
W Mr. Galloway ; a worthy and reverend
preacher, who can do more with the king (as
le laid) than any other ; that he, seeing his
constant denial, might inform the king thereof.
Here he plays with the preacher. If Raleigh
coold persuade the lords, that Cobham had no
*tent to travel, then he thought nil should be
■ell. Here is Forgery ! In the Tower Cobham
&um write to sir Thomas Vane, a worthy man,
ttat be meant not to go into Spain : which
Letter Raleigh devised in Cobham's name.
RtUigh. I will wash my hands of the In-
dictment, and die a true man to the king.
Att. You are the absolutest Traitor that
etertras.
Raleigh . Your phrases will not prove it.
Alt. Cobham writeth a Letter to my lord
( <-u!, and doth will Mellis's man to lay it in a
Spanish Bible, nnd to make as though he round
< ty chance. This was after he had intelli-
pace with this viper, that he was false.
Lord Cecil. You mean a Letter intended to-
me; I never had it.
Alt. No, my lord, you had it not. You,
my masters of the jury, respect not the wick-
edness and hatred of the man, respect his
cause : if he be guilty, I know you will have
care of it, for the preservation of the king, the
continuance of the Gospel authorized, and the
good of us all.
Raleigh. I do not hear yet, that you have
spoken one word against me ; here is no Trea-
son of mine done : If iny lord Cobham be a
Traitor, what is that to me ?
Att. All that he did was by thy instigation,
thou Viper ; for I thou * thee, thou Traitor.
Raleigh. It becometh not a man of quality
and virtue, to call me so : But I take comfort
in it, it is all you can do.
Alt. Have I angered you ?
Raleigh. I am in no case to be angry.
C. J. Pop ham. Sir Walter Raleigh, Mr.
Attorney speaketh out of the zeal of his duty,
for the service of tbe king, and you for your
life ; be valiant on both sides.
The Lord Cobham's Examination.
" lie confesseth, he had a Passport to go
into Spain, intending to go to the Archduke,
to confer with him about these Practices ; and
because he knew the Archduke had not Money
to pay his own army, from thence he meant to
go to" Spain, to deal with the king for the
600,000 crowns, and to return by Jersey ; and
that nothing should be done, until he had
spoken with sir Walter Raleigh for distribution
of the Money to them which were discontented
in Kngland. At the first beginning, he breath-
ed out oaths and exclamations against Raleigh,
calling him Villain and Traitor ; saying he had
never entered into these course?, but hv his
instigation, and that he would never let him
alone." — [Here Mr. Attorney willed the Clerk
of the Crown-Otiicc to read over these Inst
words again, ' He would never let him alone. 'J
'* Besides he spake of Plots and Invasions ; ot
the particulars whereof lie could gi\e no ac-
count, though Raleigh ,and he had conferred of
them. Further he said, he was afraid of fta-
leigh, that when he should return by Jersey,
that he would have delivered him and the Mo-
ney to the king. Being examined of sir Arthur
Gorge, he freed him, saying, They never duot
trust him : but sir Arthur Savage they intend-
ed to use, because they thought him a 'fit man".
Haleigh. Let me see the Accusation : This
is absolutely all the Evidence can be brought
against me; poor shifts ! You Gentlemen of
the Jury, T pray you understand this. This is
that which must cither condemn, or give me
life ; which must free me, or send my wife nnd
children to beg their bread about the streets :
* Shakespear, in all probability, alludes to
this, when he makes sir Toby in giving direc-
tions to sir Andrew for his challenge to Viola,
say, If thou thowft him some thrice, it may not
be amiss," See Twelfth Night.
1 1] STATE TRIALS, 1 James I. I0O&— Trial of Sir Walter Raleigh, [12
Christendom ; but now he coraeth creeping to
the king my master Sbr peace*. I knew, whereas
before he had in iiis port six or seven score
sail of ships, he hath now but six or seren. I
knew of 25,000,000 he had from hisJndies, he
bath scarce one left. I knew him to be so poor,
that the Jesuits in Spain, who were wont to
have such large allowance, were fain to beg at
the church-door. Was it ever* read or heard,
that any prince should disburse so much money
without a sufficient pawn ? I knew her own
subjects, the citizens of London, woold not lend
her majesty money, without lands in mortgage.
I knew the Queen did not lend the States,
money, without Flushing, Brill, and other
towns for a pawn. And can it be thought, that
he would let Cobham have so great a sum ?—
I never came to the lord Cobham's, but about
matters of his profit ; as the ordering of his
house, paying of his servants board-wages, ore.
I had of his, when I was examined, 4,000/.
worth of jewels for a purchase ; a pearl of
3,000/. and a ring worth 500/. If he had had
a fancy to run away, he would not have left so
much to have purchased a lease in fee-farm. I
saw him buy 300/. worth of Books to send to
his Library at Canterbury, and a cabinet of 30/.
to give to Mr. Attorney, for drawing the con-
veyances : and God in heaven knowetb, not 1,
whether he intended to travel or no. But for
that practice with A rubella, or letters to Arem-
berg framed, or any discourse with him, or in
what language he spake unto him; if I knew
any of these things, I would absolutely confess
the indictment, and acknowledge myself worthy
ten thousand deaths.
This is that must prove me a notorious Traitor,
or a true subject to the king. Let me see my
Accusation, that I may make my Answer.
Clewk of' the Council, I did read it, and
shew you all the Examinations.
Raleigh, At my first Examination at Wind-
sor, my lords asked me, what I kuew of Cob-
ham's practice with Aremberg, I answered ne-
gatively : And as concerning Arabella, I pro-
test before God, I never heard one word of it.
If that be proved, let me be guilty of ten thou-
sand Treasons. It is a strange thing you will
impute that to me, when I never heard so
much as the name of Arabella Stuart, but only
the name of Arabella.— After being examined,
I told my lords, that I thought my lord Cob-
ham had conference with Aremberg; I sus-
pected his visiting of him : for after he depart-
ed from me at Durham-liouse, I saw him pass
by his own stairs, and passed over to St. Mary
Saviours, where I knew Lawrency, a merchant,
and a follower of Aremberg, lay, and therefore
likely to go unto him. My lord Cecil asked
my opinion concerning Lawrency ; I said, that
if you do not apprehend Lawrency, it is dan-
gerous, he will 6y ; if you do apprehend him,
Jou shall give my lord Cobham notice thereof,
was asked who was the greatest man with
my lord Cobham ; I answered, I knew no man
so great with him as young Wyat of Kent. —
As soon as Cobham saw my Letter to have dis-
covered his dealing with Aremberg, in his fury
he accused me; but before he came to the
stair-foot, he repented, and said he had done
me wrong. When he came to the end of his
Accusation, he added, that if he had brought
this mon*»y to Jersey, he feared that I would
have delivered him and tlie money to the king.
Mr. Attorney, you said this never came out of
Cobham's quiver ; he is a simple man. Is he
so simple? No; he hath a disposition of his
own, he will not easily be guided by others ;
but when he has once taken head in a matter,
he is not easily drawn from it : he is no babe.
But it is strange for me to devise with Cobham,
that he should go to Spain, to persuade the
king to disburse so much money, he being a
man of no love in England, and I having re-
signed my room of chiefest command, the
Wardenship of the Stannaries. Is it not
strange for me to make myself Robin flood, or
a Rett, or a Cade ? I knowing England to be
in better estate to defend itself than ever it was.
I knew Scotland united ; Ireland quieted, where-
in of late our forces were dispersed ; Denmark us-
surcd, which before was suspected. I knew, that
having lost a lady whom time had surprized*
wc had now an active kins, a lawful Successor,
who would himself be present in all his affairs.
The State of Spain was not unknown to me :
1 had written a Discourse, which I had intend-
ed to present unto the king, agaiust peace with
Spain. I knew the .Spaniards had six repulses ;
three in Ireland, and three at sea, and once in
1588, at Cales, by my Lord Admiral. I knew
lie was discouraged and dishonoured. I knew
the king of Spain to bt the proudest prince in
Cobham s second Examination read.
The lord Cobham being required to subscribe
to an Examination, there was shewed a Note
under sir Walter Raleigh's hand ; the which
when he had perused, he paused, and after
brake forth into those Speeches : Oh Villain J
Oh traitor ! 1 will now tell you all the truth ;
and then said, His purpose was to go into
Flanders, and into Spain, for the obtaining the
aforesaid Money; and that Raleigh had ap-
pointed to meet him in Jersey as he returned
home, to be advised of him about the distribu-
tion of the Money.
L. C. J. Pophum. When Cobham answer-
ed to the Interrogatories, he made scruple to
subscribe; and being urged to it, he said, if he
might hear me affirm, that a person of his de-
gree ought to set his hand, he would: I lying
then at Richmond for fear of the Plague, was
sent for, and I told he ought to subscribe ;
otherwise it were a Contempt of a hi^h nature:
then he subscribed. The lords questioned with
him further, and he shewed them a Letter, as I
thought written to me, but it was indeed written
to my lord Cecil : he desired to t>ce the Letter
again, and then said, ' Oh wretch ! Oh traitor !'
whereby I perceived you had not performed
that trust he had reposed in you.
Raltigh. He is as passionate a man as
lives; for he hath not spared the best friends
»]
STATE TRIALS, 1 Jamb* I. 160$.— for High Treason.
[I*
he hath in England in his passion. My lords,
I take it, he that has been examined, has ever
been asked at the time of his Examination, if
it be according to his meaning, and then to sub-
scribe. Methinks, my lords, when he accuses
a man, he should give some account and rea-
son of it : It is not sufficient to say, we talked
of it. If I had been the Plotter, would not I
hare given Cobham some arguments, wliereby
to persuade the king of Spain, and answer his
objections ? I knew Westmoreland and Both-
well, men of other understandings than Cob-
ham, were ready to beg their bread.
&r Tho. Fowler, one of the Jury. Did sir
Walter Raleigh write a Letter to my lord be-
fore he was examined concerning him, or not?
Att. Yes.
Lord Cecil. I am in great dispute with my-
self to speak in the Case of this gentleman : A
former clearness between me and him, tyed so
firm a knot of my conceit of his virtues, now
broken by a discovery of his imperfections. I
protest, did I serve n king that I Knew would be
displeased with me for speaking, in this case I
would speak, whatever came of it ; but seeing
he is compacted of piety and justice, and one
that will not mislike of any man for speaking a
truth, I will answer your question. — Sir Walter
Raleigh was staid by me at Windsor, upon the
first news of Copley, that the king's Person
tboold be surprized by my lord Grey, and Mr.
George Brook ; when I found Brook was in, I
suspected Cobham, then I doubted Raleigh to
be a partaker. I speak not this, that it should
be thought I bad greater judgment than the rest
of my lords, in making this haste to have them
examined. Raleigh following to Windsor, I
esetwith him upon the Terrace, and willed him,
u from the kirn/, to stay; saying, the lords had
something to say to him: then he was ex-
sained, but not concerning my lord Cobham,
tat of the surprizing Treason. My lord Grey
•as appiehended, and likewise Brook ; by
Brook we found, that he had given notice to
Cobham of the surprizing Treason, as he deli-
vered it to us; but with as much sparin^hess
tf a brother, as he might. We sent for my
lord Cobham to Richmond, where he stood upon
o» jastification, and bis quality ; sometimes
being froward, he said he was not bound to
Mtacribe, wherewith we made the king uo»
ouainted. Cobham said, if my L. C. Justice
would say it were a Contempt, he would sub-
scribe; whereof being resolved, he subscribed.
There was a light given to Aremberg, that Luw-
rency was examined ; but that Raleigh kuew
that Cobham was examined, is more Urtn I
know.
lluUiph. If my lord Cobham had trusted
me in the Main, was not I as fit a man to be
trusted in thf live ?
J/trd Cecil. Raleigh did by his Letters ac-
quaint us that my lord Cobham hud sent Law-
rency to Aremberg, when he knew not he had
any dealings with him.
Lard Hen. Homard. It made for vou, if
Lawrency had be*n only acquainted witl) Cob-
ham, and not with you. But you knew his
whole estate, and were acquainted with Cob*
ham's practice with Lawrency: and it was
known to you before, that Lawrency depended
on Aremberg.
Attorney. 1. Raleigh protested against the
surprising Treason. 2. That he knew not of
the matter touching Arabella. I would not
charge you, sir Walter, with a matter of false-
hood : you say you suspected the Intelligence
that Cobham had with Aremberg by Lawrency.
liaUigh. I thought it had been no other
Intelligence, but such as might be warranted.
Attorney. Then it was but lawful suspicion.
But to that whereas you said, that Cobham had
accused you in passion, I answer three ways :
1. I observed when Cobham said, Let me see
the Letter again, lie paused ; and when he did
see that count Aremberg was touched, he
cried out, Oh Traitor ! On Villain ! now will
I confess the whole truth. 2. The accusation
of a man on hearsay, is notliing ; would he ac-
cuse liimself on passion, and ruinate his case
and posterity, out of malice to accuse you ?
3. Could this be out of passion? Mark the
manner of it; Cobbam had told this at least
two months before to his brother Brook, ' You
' are fools, you are on the bye, Raleigh and I
' are on the main ; we mean to take away the
' king and his cubs :' this he delivered two
months before. So mark the manner and the
matter ; he would not turn the weapon against
his own bosom, and accuse himself' to accuse
you,
Raleigh. Hath Cobham confessed that ?
L. C. J. This is spoken by Mr. Attorney
to prove that Cobham s Speech came not out of
passion.
Kaleigh. Let it be proved that Cobham
said so.
Attorney. Cobham saith, he was a long
time doubtful of Raleigh, that he would send
him and the money to the king. Did Cobham
fear lest you would betray him in Jersey ? Then
of necessity there must be Trust between you.
No man can betray a man, but he that is
trusted, in my understanding. This is the
greatest argument to prove that he was ac-
quainted with Cobham f s Proceedings. Raleigh
has a deeper reach, than to make himself, at
he said, ' Robin Hood, a Kett, or Cade ;' yet
I never heard that Robin Hood was a Traitor;
they say he was an outlaw. And whereas ha
saith that our king is not only more wealthy
and potent than his predecessors, but also more
politic and wise, so thut he could have no hope
to prevail; I answer, There is no king so
potent, wise and active, but he may be over-
taken through Treason. Whereas you say
Spain is so poor, discoursing so largely thereof;
it had been better for you to have kept in Gui-
ana, than to have been so well acquainted with
the state of Spain. Besides, if you could have
brought Spain and Scotland to have joined,
you rui«:bt have hoped to prevail a great deal
the better. For his six Overthrows, I answer,
he hath the more malice, because repulse* ' '
15] STATE TRIALS, 1 Jambs I. 1603.— Trial qf Sir Walter Raleigh, [10
desire of revenge. Then you say you never
talked with Cobham, but about teases, and
letting lands, and ordering hii house ; I never
knew you Clerk of the Kitchen, &c. If you
had fallen on your knees at first, and confessed
the Treason, it had been better for you. You
say, He meant to have given me a Cabinet of
30/. ; perhaps he thought by those means to
have anticipated me therewith. But you say
all these are Circumstances • I answer, all this
Accusation in Circumstance is true. Here
now I might appeal to my lords, that you take
hold of tfiis, that he subscribed not to the Ac-
cusation.
Lord Hen. Howard. Cobham was not then
pressed to subscribe.
Attorney. His Accusation being testified by
the lords, is of as great force, as if ne had sub-
scribed. Raleigh saith again, If the Accuser
be alive he must be brought face to face to
speak ; and alledges 25 Edw. 3rd that there
must be two sufficient Witnesses, that must be
brought face to face before the accused ; and
alledgeth 10 and 13 Elizabeth.
Raleigh. You try me by the Spanish Inqui-
•itition, if you proceed only by the Circum-
stances, without two Witnesses.
Attorney. This is a treasonable speech.
Raleigh. Evertere Hominemjuttum in cauta
sua injustum est. Good my lords, let it be
Jirovcu, either by the laws of the land, or the
aws of God, that there ought not to be two
Witnesses appointed; yet I will not stand to
defend this point in law, if the king will have it
. so : it is no rare thing for a man to be falsely
accused. A Judge condemned a woman in
Sarum for killing her husband on the testimony
of one Witness ; afterwards his man confessed
the Murder, when she was executed ; who
after being touched in conscience for the Judg-
ment, was used to say, Quod nunquam de hoc
J'acto anvnam in vita sua purgaret. It is also
commanded by the Scripture; Allocuhis est
Jehova Moten, in Ore duorum aut trimn Tcs-
tium, Sfc. If Christ requireth it, as it appeared),
Mat. xviii. if by the Canon, Civil Law, and
God's Word, it be required, that there must be
two Witnesses at the least ; bear with me if I
desire one. I would not desire to live, if I
were privy to Cojbham's Proceedings. I have
been a slave, a villain, a fool, if I had endea-
voured to set up Arabella, and refused so graci-
ous a lord and sovereign. But urge your proofs.
L. C. Justice. You have offered Questions
on diverse Statutes, all wluch mention two ac-
cusers in case of Indictments: you have de-
ceived yourself, for the laws of 25 Edw. 3d,
and 5 Edw. 6th are repealed. It sutficeth now
if there be Proofs made either under hand, or
by testimony of Witnesses, or by oaths; it
needs not liie Subscription of the party, so there
be hands of credible men to testify the Ex-
amination.
Raleigh. It may be an error in me; and if
those laws be repealed, yet I hope tlie equity
of them remains still,; but if you affirm it, it
must be a law to posterity. The proof of the
Common Law is by witness and jury: let Cob-
ham be here, let him speak it. Call my ac-
cuser before ray face, and I have done.
. Attorney. Scientia sceleris ett mcra igno-
rant ia. You tiave read tlie letter of the law,
but understand it not. Here was your anchor-
hold, and your rendezvous : you trust to Cobham,
either Cobham must accuse you, or* nobody ; if
he did, then it would not hurt you, because he
is but one Witness ; if he did not, .then you are
safe.
Raleigh. If ever I read a word of the law
or statutes before I was Prisoner in the Tower!
God confound me.
Attorney. Now I come to prove the Cir-
cumstances of the Accusation to be true.
Cobham confessed he had a Pass-port to travel,
hereby intending to present overtures to the
Arch-Duke, aud from thence to go to Spain,
and there to have conference with the king for
Money. You say he promised to come home
by Jersey, to make merry with you and your
wife.
Raleigh. I said in his return from France,
not Spain.
Attorney. Further in his Examination he
saith, nothing could be set down for the Dis-
tribution of the Money to the discontented,
without conference with Raleigh. You said it
should have been for procurement of Peace,
but it was for raising Rebellion. Further, Col>-
ham saith, he would never have entered into
these courses, but by your instigation, and that
you would never let him alone. Your scholar
was not apt enough to tell us all the Plots ;
that is enough for you to do, that are his mas-
ter. You intended to trust sir Arthur Savage,
whom I take to be an honest and true gentle-
man, but not sir Arthur Gorge.
Raleigh. All this is but one Accusation of
Cobham s, I hear no other thing ; to which Ac-
cusation he never subscribed nor avouched it.
I beseech you, my lords, let Cobham be sent
for, charge him on his soul, on l^s allegiance to
the king ; if he affirm it, I am guilty.
Lord Cecil. It is the Accusation of my lord
Cobham, it is the Evidence against you : must
it not be of force without his subscription ? I
desire to be resolved by the Judges, whether by
the law it is not a forcible argument of evi-
dence.
Judges. My lord, it is.
Raleigh. The king at his coronation is
sworn In omnibus Judiciis snis <rouitatemf non
rigorem Legis, observare. By the rigour and
ciueltv of the law it mav be a forciMe evidence,
L. C. J. That is not the rigour of the law,
but the justice of tlie law ; else when a man
hath made a plain Accusation, by practice he
iui»ht l>e brought to retract it again.
Raleigh. Oh my lord, you may use equity.
L. C. J. That is from the king; you are to
have justice from us.
Lord Anderson. The law is, if the matter be
proved to the jury, they must find you guilty ;
for Cobham's Accusation is not only againftt
you, there are other things sufficient.
17)
STATE TRIALS, I James I. 1603.— for High Treasou.
[IS
Lord Cecil. Now that sir Walter Raleigh is
satisfied, that Cobham's Subscription is nut ne-
cessary, I pray you, Mr. Attorney, go on.
Raleigh. Good Mr.% Attorney, be patient,
and give me .eavc.
Lord Cec il. An unnecessary patience is a.„
hindrance ; let him go on with' iiis proof-, and
then refel them.
Raleigh. I would answer particularly.
Lord Cecil. If you would have a tabic and
pen and ink, you shall.
Then paper and ink was given him. Here
the Clerk of the Cruwn rend the Letter, which
the lord Cobham did write in July, which was
to the effect of his fonner Examination ; fur-
ther saying, I hate disclosed all : to accuse any
one falsely, were to burden my own couscier.ee.
Attorney. Head Copley's Confession the
8th of June ; lie saith, lie was offered 1000
crowns to be in this action.
Here Watson's Additions were read. ' The
great mass of Money from the count was im-
possible,' &c.
Brook's Confession read. * There have Let-
ters passed, saith he, between Cobham and
Aremberg, for a great sum of Money to assist a
second action, for the surprizing of his majesty.'
Attorney. It is not possible it was of pas-
sion : for it was in talk before three men,
being severally examined, who agreed in the
sum to be bestowed on discontented persons ;
That Grey should have 12,000 crowns, and
Raleigh should have 8000, or 10,000 crowns.
Cobham* s Examination, July 18.
If the money might be procured (saith he)
then a man may give pensions. Being asked,
if a pension should not be given to his brother
Brook, he denied it not.
Lawreney'i Examination.
Within five days after Aremberg arrived,
Cobham resorted unto him. That nirfit that
Cobham went to Aremberg with Luwrency, Ra-
leigh supped with him.
Attorney. Raleigh must have his part of t he
Money,* therefore now he is a traitor. The
crown shall never stand one year on the head
of the king (my master) if a Traitor may not be
condemned by Circumstances : for if A. tells
B. and B. tells C. and C. D. &c. you shall ne-
ver prove Treason by two Witnesses.
Raleigh's Examination was read.
He confesseth Cobham offered him 8000
crowns, which he was to have for the further-
ance of the Peace between England and Spain,
and that he should have it within three (lavs.
To which he said, he gave this answer ; When
1 see the Money, I will tell you more : for I
had thought it had been one of his ordinary
idle conceits, and therefore made no Account
thereof.
Raleigh. The Attorney hath made a long
narration of Copley, and the Priests, which
concerns me nothing, neither know I how
Cobham was altered. For he told me if T
would agree to further the Peace, he would get
me 8000 crowns. I asked him, W ho shall ha ve
YOU II.
the rest of the money ? He said I will offer
such a nobleman (who was not named) some
of the Money, f said, he will not be persuaded
by yon, and he will extremely hate you for such
a motion. Let me be pinched to death with
hot iron?, if ever I knew there was anv intcu-
tion to bestow the money on discontented per-
sons. I hud made a disco m>e uguinst the
Peace, and would have prin'cd it ; if Cobham
changed his mind, ii' the I'rtctis, if llruok had
any such intent, what is that to me? They
must answer lor it. lie offered me the Money
before Aremberg came, that is difference of
time.
Scrj. Philips. Raleigh confesseth the matter,
buravoideth it by distinguishing of times. You
said it was offered you befoic the coining of
Aremberg, which is false. For yen being exa-
mined whether you should have such Money of
Cobham, or not ; you said, Yea, and that you
should have it within two or three da)S. Nctn
moriturus punumitur mentiri.
Ld. Hut. Howard. Alledge me any ground
or cause, wherefore you gave ear to my lord
Cobham for receiving Pennons, in matters you
had not to deal with.
Raleigh. Could I stop my Lord CobhanVs
mouth ?
Ld. Cecil. Sir Walter Raleigh presseth, that
my lord Cobham should be brought face to
face. If he asks things of favour and grace,
they must come only from him that can give
them. If we sit here as commissioners, how
shall we be satisfied whether he ought "to be
brought, unless we hear the Judges speak?
L. C. J. This thing cannot be granted, for
then a -uunihcr of Treasons should flourish :
the Accuser may be drawn by practise, whilst
he is in person.
Justice Gundy. The Statute you speak of
concerning two Witnesses in ruse of Treason, is
found to he inconvenient, therefore bv another
law it. was taken away.
Rultiuh. The common Trial of England is
by Jury and Witnesses.
L. C. J. No, by Examination : if three
conspire a Treason, and they all confess it;
here is never a Witness", yet they are con-
demned.
Justice Warburton. I man el, sir Walter, that
you being of such experience and wit, should
stand on this point ; tor so many horse- stealers
may escape, if they may not be condemned
without witnesses. If one should ru*h into tVtf
king's Privy-Cl#mbcr, whilst he is alone, and
kill the king (which (.Jod forbid) and tln> man
be met coming with hi.* sword dra\Mi all hhiody ;
shall not he be condemned to dc.tth ? My lord
Cobham hath, perhaps, hem laboured withal;
and to save vou, bis old friend, il mav be that
he will deny all that which »w hath -aid.
Raleigh. 1 know not how you onceive
the Law.
L. C. J- Nay, we do not com -he the Liw,
but we know \\w Law.
Ralfinh. Tee wisdom of the Law of God is
absolute and perfect Uurjac O vivo?, «,S c. But
c
15]
STATE TRIA 15, 1 Jame» I. 1003.— Trial qf Sir Walter Raleigh,
[M
dow by the Wisdom of the Stuff , the Wisdom of be charged with them ? I will not hear i
Indeed, where the Ac-
it to be hud conveniently, I agree with
v»ii; but here my Accuser may; he is. alive, and
in the house. Susnnna had been condemned, if
Dnniel had not cried out, * Will you condemn
an innocent Israelite, without ex ami nation or
knowledge of the truilif* Remember, it is ab-
solutely the Commandment of God : If a fulsc
witness rise up, you shall cause him to be brought
before the Judges; if he be found false, he shall
have the punishment which the accused should
hate had. It is very sure, for my lord to accuse
me is my certain danger, and it may be a means
to excuse himself.
L. C. J. There must not such a gap be
opened for the destruction of the king, ns would
he if we should grant this. You plead hard
for yourself, but the laws plead as hard for the
king. I did never hear that course to be taken
in a case of Treason, ns to write one to aniithcr,
or apeak one to another, during the time of
their imprisonment. There hath been intelli-
gence between jouj and what under-hand
practices there may he, I know not. If the
circumstances agree nut with the Evidence, we
fill not condemn you.
Raleigh. The king dciires nothing but the
knowledge of the truth, and would have no ad-
vantage tjken by severity of the law. If ever
we bud a gracious king, now we have; I hope,
ns he is, such are his ministers. If there be
but u trial of live marks at Common Law, a
witness must be deposed. Good tny lords, let
my Accuser come face to face, and be deposed.
L. C. J. You have no law for it : God for-
bid any man should accuse himself upon his
Attorney. The law presumes, a man will
not accuse himself to accuse another. You are
no odious man: for Cohham thinks his cause
theworse that you arc in it. Now you shall
hear of some stirs to he raised in Scotland.
Pari of Copley'* Exaniination.
" Also Watson told me, that a special per-
son told him, that Aremberg offered to him
1000 crowns to be in that action; and that
Brook said, the Stirs in Scotland rone out of
Raleigh's head."
Raleigh, Brook liath been taugbl his Lcs-
I.ti. Urn. Hoamrd. This Examination was
taken before. Did I teach him his lesson ?
Raleigh. I protest before Qi-td, I meant it
not by any privy-counsellor; hut because mo-
ney is scant, he will juggle on both sides.*
Raleigh'i Eranii.iatiim.
" The way to invade England, were to be-
gin with Stirs in Seotland."
Raleigh. I think so still : I have spoken it to
divers of the Lords of the Council, by way of
discourse and opinion.
Attorney. Now let ns come to those words
* (/ drtl roving the king and
RaUish. O barbarous • _._,.._ .._
ton! villains, should use those words, shall I
J barbarous ! If they, like It
was never any Plotter with them against my
ury, I was never false to the crown of
land. I have spent 4000 pounds of my
against the Spanish Faction, fur the good
of my country. Do you bring the words of
these hellish spiders, Clark, Watson, and others.
ler
Attorney. Thou hast a Spanish heart, and
thyself art a Spider ofllell; tor tliuu confesses!
the king to he a most sweet and gracious prince,
and yet hast conspired against bun.
Wat ion' i Examination read.
He said, that George Biook told him twice.
That his brother, the lord Cobliam, said to liiin,
that you are but on the bye, but Raleigh and I
are on the main."
Brook' » Examination read.
" Being asked what was meant by this Jar-
gon, the Bye and the Main ? he said, That the
lord Cohham told him, that Grey and others
were in the Bye, he and Raleigh were on the
Main. Being asked, what exposition his bro-
ther made of these words? He said, he is loath
to repnnt it. And after saith, by the main
was meant the taking away of the king and
his issue ; and thinks on bis conscience, it was
infused into his brother's head by Raleigh."
Cobham'i Examination read.
" Being asked, if ever he had said, * It will
never he well in England, till the king and his
enhs were taken away;' he said, he had answer-
ed before, and that he would answer no more
to that point."
Raleigh. I am not named in all tin's : there
is a law of two sorts of Accusers ; one of his
own knowledge, another by hear-say.
¥.. of Suffolk. .See the Case of Arnold.
L. V. J. It is the Case of sir Will. Thomas,
and sir Nicholas Arnold.
Raleigh. If this may be, you will have any
'slile
week.
Attorney. Raleigh saith, that Cobham was
in a passion when he said so. Would he tell
his brother any thing of malice against Raleigh,
whom he loved as his life?
Ralchh. Brook never loved me; until hi*
brother had accused me, he said nothing.
Id. Cecil. We have heard nothing that
might lead us to think that Brook accused you,
he was only in the surprizing Treason : for by
accusing vuu he should accuse his brother.
r.nleigh. He doth not much care for that.
IjI. Cecil. I must judge tlie best. The ac-
cusation of his brother was notVoluntary; he
pared every thing as much as he could to save
his brother.
Cobham'i Examination read.
" He saith he had a Book written against
the Title of the King, which be had of Raleigh,
and tltit he gave it to his brother Brook : and
Raleigh said it was foolishly written."
Attorney. After tlie king caine within 11
miles of London. Cobham never cunt to Me
him; and intended to travel without seeing the
21]
STATE TRIALS, I JUnes I. 1603.— Jbr High Treason.
[52
queen and the prince. Now in thin discon-
tentment you gave him the Book, and he gave
it his brother.
Raleigh. I never gave it him, he took it off
my table. For I well remember a little before
that time I received a Challenge from sir Amias
Preston, and for that I did intenji to answer
it, I resolved to leave my estate settled, there-
fore laid out all my loose Papers, amongst which
was this Book.
Ld. Havard. Where had you this Book ?
Raleigh. In the old Lord Treasurer's Study,
after his death.
Ld. Cecil. Did you ever shew or make
known the Book to me ? '
Raleigh. No, my Lord.
Ld. Cecil. Was it one of die books which
was left to me or my brother?
Raleigh. I took it out of the study in my
Lord Treasurer's house in the Strand.'
Ld. Cecil. After my father's decease, sir
Walter Raleigh desired to search for some Cos-
Biographical descriptions of the Indies, which
he thought were in his Study, and were not to
be had in print; which I granted, and would
have trusted sir Walter Raleigh as soon as any
man : though since for some infirmities, the
bands of my aifection to liim have been bro-
ken; and yet reserving my duty to the king my
master, which I can by no means dispense with,
by God, I love him, and have a great conflict
witliin myself: but I must needs say, sir Waiter
used me a little unkindly to take the Book
away without my knowledge : nevertheless, I
need make no apology in behalf of my father,
considering liow useful and necessary it is for
privy-counsellors and those in his place to in-
tercept and keep such kind of writings ; for
whosoever should then search his study may in
all likelihood find all the notorious Libels that
•ere writ against the late queen ; and whoso-
ever should rummage my Study, or at least my
Cabinet, may find several against the king, our
Sorereign Lord, since his accession to the
throne.
Raleigh. The Book was in Manuscript,
and the late Lord Treasurer had wrote in the
beginning of it with his own Hand, these
words, ( This is the Book of Robert Snagg.'
And I do own, as my lord Cecil has said, that
1 believe they may also find in my house almost
all the Libels that have been writ against the
late queen.
Att. You were no privy-counsellor, and I
hope never shall be.
Ld. Cecil. He was not a sworn counsellor
of state, but he has been called to consul-
tations.
Raleigh. I think it a very severe interpre-
tation of the law, to bring me within compass of
Treason for this Book, writ so long ago, of
allien nobody had rend any more than the
Head* of the Chapters, and which was burnt by
O. Brook without my privity ; admitting I had
delivered the same to the lord Cobham, with-
out allowing or approving, but discommending
it, according to Cobhajn s first Accusation :
and put the. case, I should come to my lord
Cecil, as I have often done, and find a stran-
ger with bim, with a packet or Libels, and my
lord should let me have one or two of them to
peruse : this I hope is no Treason.
Att. I observe there was intelligence be-
tween you and Cobham in the Tower; for
after he said it was against the king's Title, ha
denied it again.
Sir W. Wade. First, my lord Cobham con-
fessed) it, and after he had subscribed it, be
revoked it again : to me he always said, that
tlie drift of it was against the king's Title.
Raleigh. _ I protest before God, and all his
works, I gave lum not the Book.
Note9 Sir Robert Wroth speaketb, or whis*
pereth something secretly.
Alt. My lords, I must complain^ of sir
Robert Wroth ; he says this Evidence is not
material.
Sir R. Wroth. I never spake the words.
Att. Let Mr. Serjeant Philips' testify whe-
ther he heard him say the words or no.
Ld. Cecil. I will give my word for sir R.
Wroth.
Sir R. Wroth. I will speak as truly as you,
. Mr. Attorney, for by God, I never spake it.
L. C. J. Wherefore should this Book be
burnt ?
Raleigh. I burned it not.
Seij. Philips. You presented your friend
with it when he was discontented. If it had
been before the queen's death, it had been a
less matter ; but you gave it him presently
when he came from the king, which was the
time of his discontentment.
Raleigh. Here is a Book supposed to be
treasonable ; I never read it, commended it, or
delivered it, nor urged it.
Attorney. Why, tins is cunning.
Raleigh. Every thing that doth make for
me is cunning, and every thing that maketa
against me is probable.
Att. Lord Cobham saith, that Kemish
came to him with a letter torn, and did wUh
him not to be dismayed, for one witness could
not hurt him.
Raleigh. This poor man hath been close
prisoner these 13 weeks ; he was offered the
rack to make him confess. I never sent any
such message by him ; I only writ to him, to
tell lum what I had done with Mr. Attorney ;
having of his at that timo a great pearl and a
diamond.
Ld. II. Howard. No circumstance moveth
me more than this. Kemish was never on the
rack, the king gave charge that no rigour
should he used.
Commissioners. We protest before God,
there was no such matter intended to our know-
ledge.
Raleigh. Was not the Keeper of the Rack
sent for, and he threatened with it?
Sir W. Wade. When Mr. Solicitor -and my-
self examined Kemish, we told him hedocned
the Rack, hut did hot threaten him with it.
Commissioners. It was niote than we knew.
2S] STATE TRIALS, 1 James I. 1603.— Trial of Sir Walter Raleigh,
[24
Cob/tarn* $ E rumination read.
lie saith, Kemish brought him a Letter from
Raleigh, and that part which was concerning
the Lords of the Council was rent out; the
Letter contained that he was examined, and
cleared himself of aH ; and that the lord II.
Howard said, because he was discontent, he
was fit to be in the action. And further, that
Kemish said to him from Raleigh, that he
should be of pood comfort, for one witness
could not condemn a man for treason.
Ld. Cecil. Cobham was asked, whether,
and when he heard from you ? He said, every
•day.
Raleigh. Kemish added more, I never bade
him speak those words.
Note, Mr. Attorney here offered to interrupt
him.
Ld. Cecil. It is his last Discourse ; give
him leave, Mr. Attorney.
Raleigh. I am accused concerning Arabella,
•concerning Money out of Spain. My L. C.
Justice saith, a man may be condemned with
one Witness, yen, without any Witness. Cob-
ham is gnilty of many things, Conseicniia mille
testes ; he hath accused himself, what cm he ,
hope for but mercy ? My lords, vouchsafe me
this grace : let him be brought, being alive,
and in 'the house ; let him avouch any of these
tlungs, I will confess the whole Indictment,
nod renounce the king's mercy.
Ld. Cecil. Here hath been a touch of the
ladv Arabella Stuart, a near kinswoman of the
king's. Let us not scandal the innocent by
confusion of speech: she is as innocent of all
these things ns I, or any man here ; only sbc
received a Letter from my lord Cobham, to
prepare her; which she laughed at, and imme-
diately sent it to the ki'ig. So far was she from
discontentment, that she laughed him to scorn.
But you see how far the count of Aremberg did
consent.
The Lord Admiral (Nottingham) being by in
a Standing, with the lady Arabella, spake to
the court : The lady doth here protest upon her
salvation, that she never dealt in any of these
things ; and so she willed me to tell the court.
Ld. Cecil. The lord Cobham wrote to my
lady Arabella, to know if he might come to
speak with her, and gave her to understand,
that there were some about the king that la-
boured to disgrace her ; she doubted it was but
a trick. But Brook saith, his brother moved
him to procure Arabella to write Letters to the
king of Spain ; but he saith, he never did it.
Raleigh. The lord Cobham hath accused
me, you see in what manner he hath forsworn
it. Were it not for his Accusation, all thi>
were nothing. Let him be asked, if 1 knew
of the letter which Lawnriicy brought to him
from Arcmherg. Let me speak for my life, it
can be no hurt for him to be brought ; lie
dares not accuse me. If you grant me not this
favour, I am strangely used ; Campian* was
sot denied to have his accusers lace to face.
■ T — f — ■ ■ f ^ ■ ■■■■! — I — ■
• See No. 5&
L. C. J. Since he must needs have justice,
the acquitting of his old friend may move him
to speak otherwise than the truth.
Raleigh. If I had been the infuser of all
these Treasons into him ; vou Gentlemen ef
the Jury, mark this, he said I have been the
cause of all his miseries, and the destruction of
his house, and that all evil hath happened unto
him by my wicked counsel : if this be true,
whom hath he cause to accuse and to be re-
venged on, but on me ? And I know him to be
as revengeful as any man on earth.
Attorney. He is a party, and may not come ;
the law is against it.
Raleigh. It is a toy to tell rae of law ; I
defy such law, I stand on the fact.
Ld. Cf.cil. I am afraid my often speaking
(who am inferior to my lords here present) wirll
make tl*» woild think i delight to hear myself
talk. My affection to you, bir Walter, was not
extinguished, but slaked, in regard of your de-
serts. You know the law of the realm (to
which your mind doth not contest), that my
lord Cobham cannot be brought.
R-aieigh. lie may be, my lord.
Ld. Cecil. But dare you challenge it ?
Raliigh. No.
Ijord Cecil. You say that my lord Cobham,
your main accuser, must come to accuse you.
You say he hath retracted : I say, many par-
ticulars are not retracted. What the validity
of all this is, is merely left to the Jury. Let me
ask you this, If my lord Cobham will say you
were the only instigator of him to proceed in
the Treasons, dare you put yourself on this ?
Rakigh. If he will speak it before God and
the king, that ever I knew of Arabella's matter,
or the Money out of Spain, or oi* the surprising
Treason ; 1 put myself on it, God's will and
the king's be done with me.
Lord If. Howard. How ! if he speak things
equivalent to that you have said ?
Ralcidi. Yes, m the main point.
Lord Cecil. If he say, you have been the
instigator of him to deal with the Spanish king,
had not the council cause* to draw you hither ?
Raleigh, I put myself on it.
Lord Cecil. Then, sir Walter, call upon God,
and prepare yourself ; for I do verily believe
my lords will prove this. Excepting your faults
(I call them no worse), by God, 1 am your
friend. The heat and passion in you, and the
Attorney's zeal in the king's service, makes me
speak this.
Raltigh. Whosoever is the workman, it is
reason lie should give an account of his work to
the u ork-masler. But let it be proved that he
acquainted me with any of his conferences with
A i em hcrg : lie would surely have given me some
account.
Iwd Cecil. That follows not : If I set you
on woik, and you give me no account, am I
therefore innocent ?
Att. For the lady Arabella, I said she was
never acquainted with the matter. Now that
Raleigh had conference in nil these Treasons, it
it manifest. The Jury hath beard the matter.
*]
STATE TRIALS, 1 James I. 16()3.-/or High Treason.
[26
There is one Dyer a pilot, that being in Lisbon,
met with a Portugal gentleman who asked him
if the king of England was crowned yet : To
whom he answered, ' I think not yet, but he
1 shall be shortly/ Nay, saith the Portugal,
that shall never be, for his throat will be cut
by Dun Raleigh and DonCobham before he be
crowned.
Dte* teas -called and sworn, and delivered this
Evidence.
Dyer. I came to a merchant's house in Lis-
bon, to see a boy that I bad there ; there came
a gentleman into -the house, and enquiring what
-countryman I was, I said, an Englishman.
Whereupon be asked me, if the king was crown-
ed ? And I answered, No, but that I hoped he
should be so shortly. Nay, saith he, he shall
never be crowned*; for Don Raleigh and Don
Cobham will cut bis throat ere that day come.
Raleigh. What infer you upon this ?
Att. That your Treason hath wings.
Raleigh. If Cobham did practise with Arern-
berg, how could it not but be known in Spain ?
Why did they name the duke of Buckingham
with Jack Straw's Treason, and the duke of
Yoik with Jack Cade, but that it was to coun-
tenance his Treason? Consider, you Gentle-
men of the Jury, there is no cause so doubt till
which the king's counsel cannot make good
against the law. Consider my disability, and'
their ability : they prove nothing against me,
ooly they bring the Accusation of my lord Cob-
ban, which he hath lamented and repented as
heartily, as if it had been for an horrible mur-
der: for he knew that all this sorrow which
should come to me, is by his means. Presump-
tions must proceed from precedent or subsc-
4)oent facts. I haye spent '10,000 crowns against
the Spaniard. I had not purchased 40 pound
a year. If I had died in Guiana, I had not left
600 marks a year to my wife and son. I that
have always condemned the Spanish Paction,
Bethinks it is a strange thin*; that now I should
affect it ! Remember what St. Austin says, Sic
judical e tanquam uh alio moi judwandi ; unus
jWcr, unutn Tribunal. If you would be con-
tented on presumptions to be delivered up to
be slaughtered, to have your wives and children
tamed into the streets to beg their bread ; if
you would be contented to be so judged, judge
so of me.
Serj. Philips. I hope to make this so clear,
a* that the wit of man shall have no colour to
ai'iwer it. The matter i» Treason in the high-
est degree, the end to deprive the king of his
crow n. The particular Treasons are these : first,
to rai*e up Rebellion, and to effect that, to
procure Money ; to raise up Tumults in Scot-
land, by dj\ uluing a treasonable Book against
the kins'* right to the crown ; the purpose, to
tale away the life of his majesty and his issue.
My loid Cobham confesseth sir Walter to be
guilty of all these Treasons. The question is,
»!»' iher he be guilty as joining with him, or in-
tubating of him ? 1 he course to prove tin*, was
by my lord Cobbam's Accusation. If that be
true, he is guilty ; if not, he is clear. So whe-
ther Cobham say true, or Raleigh, that is the
question. Raleigh hath no answer but the
shadow of as much wit, as the wit of man can
devise. He uscth his bare denial ; the denial
of a Defendant must not move the Jury. In
the Star Chamber, or in the Chancery, for mat-
ter of Title, if the Defendant be called in ques-
tion, his denial on his oath is no Evidence to
the Court to clear him, he doth it in propria
causa ; therefore much less in matters of Trea-
son. Cohhani's testification against him before
them, and since, hath been largely discoursed.
Raleigh. If truth be constant, and constancy
be in truth, why hath he forsworn that that he
hath said ? You have not proved any one thing
against me by direct Proofs, but all by circum-
stances.
Att. Have you done ? The king must have
the last.
Raleigh. Nay, Mr. Attorney, he which
speaketh for his life, must speak last. False
repetitions and mistakings must not mar my
cause. You should speak secundum allegata et
probata. I appeal to Cod and the king in this
point, whether Cobhum's Accusation be suffi-
cient to condemn me.
Att. The king's safety and your clearing
cannot agree. I protest before God, I never
knew a clearer Treason.
Raleigh. I never had intelligence with Cob-j
liam since I came to the Tower.
Att. Go to, 1 will lay thee upon thy back,
for the; confidentest Traitor that ever came at
a bar. Why should you take 8,000 crowns for
a peace ?
Lord Cecil. Be not so impatient, good Mr.
Attorney, give him leave to speak.
Att. If I may not be patiently heard, yon
will encourage Traitors, and discourage us. I
am the king's sworn servant, and must speak ;
If he be guilty, he is a Traitor ; if not, deliver"
him.
Note, Here Mr. Attorney sat down in a chafe,
and would speak no more, until the Com-
missioners urged and intreated him. After
much ado, he went on, and made a long
repetition of all the Evidence, for the direc-
tion cf the Jury ; and at the repeating of
some things, sir Walter Raleigh interrupted
him, and said, he did him wrong.
Att. Thou art the most vile and execrable
Traitor that ever lived.
Raleigh. You speak indiscreetly, barbar-
ously and uncivilly.
Att. I want words sufficient to express thy
viperoMs Treasons.
Raleigh. I think you want words indeed,
for you have spoken one thing half a dozen
times.
Att. Thou art an odious fellow, thy name
is hateful to all the realm of England for thy
pride.
Raleigh. It will go near to prove a mea-
Miring east between you and me, Mr. Attorney.
Att. Well, I* will now make it appear to
the \%orld, that there never lived a viler '
*71
STATE TRIALS, 1 Jamks I. 1603.— Trial of Sir Walter Rakfch,
[28
upon the face of the earth than thou. And
therewithal he drew a Letter out of his pocket,
saying further, My lords, .you shall see, this is
an Agent that hath writ a Treatise against the
Spaniard, and hath ever so detested him ; this
is. he that hath spent so much Money against
him in service ; and yet you shall all see whe-
ther his heart he not wholly Spanish. The
lord Cobham, who of his own nature was a
food and honourable gentleman, till overtaken
y this wretch, now finding his conscience
heavily burdened with some courses which the
subtilty of this Traitor had drawn him into ;
my lords, he could be at uo rest with himself,
nor quiet in his thoughts, until he was eased of
that heavy weight : out of which passion of his
mind, and discharge of his duty to his prince,
and his conscience to God, taking it upon his
salvation that he wrote nothing but the truth,
with his own hands he wrote this Letter.
Now, sir, you shall see whether you had intelli-
gence with Cohham, within four days before
he came to the Tower. If he be wholly Span-
ish, that desired a Pension of 1500/. a year
from Spain, that Spain by him might have in-
telligence, then Raleigh is a Traitor : He hath
taken an apple, and pinned a Letter unto it,
and threw iuinto my lord Cobham's window ;
the contents whereof were this, ' It is doubtful
' whether we $hall he proceeded with or no,
* perhaps you shall not be tried.' This was to
get a retractation. Oh ! it was Adam's apple,
whereby the devil did deceive him. Further,
he wrote thus, « Do not as my lord of Emcx
* did ; take heed of a Preacher ; for by his
' persuasion he confessed, and made himself
' guilty/ I doubt not but this day God shall
have as grout a conquest by this Traitor, and
4 the Son of God shall be as much glorified, as
when it was said, Vicisti, Gulilae ; you know
my meaning. What though Cob ham retract-
ed, yet he could not rest nor sleep till he con-
firmed it again. l\ this be not enough to prove
him a Traitor, the king my master shall not live
three years to an end.
Noto, Here Mr. Attorney produced the lord
Cobham's Letter, and as he read it, inserted
some speeches.
* I have thought fit to set down this to my
' lords, wherein I protest on my soul to write
* nothing but the truth. I am uow come near
' the period of my time, therefore I confess
' the w hole truth before God and his angels.
' Raleigh, four days before I came from the
4 Tower, caused an apple' (Eve's apple) ' to be
* thrown in at my chamber window ; the effect
' of it was, to intre.it *no to risrht the wrong
' that I had done him, in siying, ' that I should
' hive come home by Jersey;* which under
* my hand to him I have ret rat-ted. His first
' Letter I answered not, which was thrown in
' the same manner ; whertiu he grayed me to
< write him a Letter, which I did. He tent
4 me word, that the Judges met at Mr. Attor-
4 ney's house, and that there was good hope
4 the proceedings against us should be slaved :
' he sent me another time a little tobacco.
1 At Aiemberg's coming, Raleigh was to have
' procured a pension of 1500/. a year, for
* which he promised, that no action should be
< against Spain, the Low Countries, or the In-
* dies, but he would give knowledge before-
* hand. He told me, the States had audience
'with the king.* — (Attorney, ' Ah ! is not this
a Spanish heart in an English body ?') * He
4 hath been' the original cause of my ruin ; for
* I had no dealing with A rem berg, but by his
' instigation. He hath also been the cause of
* my discontentment ; he advised me, not to
' be overtaken with preachers, as Essex was ;
' and that' the king would better allow of a
1 constant dcuial, than to accuse any/
Att. Oh, damnable atheist ! He hath
learned some Text of Scripture to serve bis
own purpose, but falsely alledged. He coun-
sels him not to be counselled by preachers, as
Eh-tex was : He died die child of God, God
honoured him at his death ; thou wast by when
he died * ; Et lupus et turpes instant moricn~
Ubus Ursa, He died indeed for his offence.
The king himself spake these words ; * He that
' shall say, Essex died not for Treason, is
' punishable.'
Raleigh. You have heard a strange tale of
a strange man. Now he thinks, he hath mat-
ter enough to destroy me ; but the king and all
of you shall witness, by our deaths, which of
us was the ruin of the other. I bid a poor fel-
low throw in the Letter at his window, written
to this purpose ; ( You know you have undone
me, now write three lines to justify me.' In
this I will die, that he hath done me wrong :
Why did not he acquaint him with my disposi-
tions ?
L. C. J But what say you now of the Let-
ter, and the Pension of 1500/. per annum ?
liuicifih. I say, that Cobham is a base, dis-
honourable, poor soul.
Att. Is he base ? I return it into thy throat
on his behalf: But for thee he liad been a good
subject.
L. C. J. I perceive you are not so clear a
man, as you have protested all this while ; for
you should have discovered these matters to
the king.
Nota, Here Raleigh pulled a Letter out of his
pocket, which the lord Cobhain had written
to him, and desired my lord Cecil to read
it, because he only knew his hand ; the ef-
fect of it was as follows :
Cobham's Letter of Justification to Raleigh.
1 Seeing myself so near mv end, for the dis-
charge of my own conscience, and freeing
myself from your blood, which else will cry
vengeance against me; I protest upon my
salvation I never practised with Spain by
your procurement; God so comfort me in
this my affliction, as you are a true subject,
for any thing that I know. I will say as
Daniel, Purus sum d sanguine hujus. So
* See rol. 1. p. 1359.
23]
STATE TRIALS, 1 James I. 1003.-: for High Treason.
[30
1 God have mercy upon my soul, as I know no
* Treason by you/
Raleigh. Now I wonder how many souls
this man hath ! He damns one in this Aictter,
tnd another in that.
[Here was much ado : Mr. Attorney alledg-
ed, that his last Letter was politicly und cun-
ningly urged from the lord Cobham, and that
the first was simply the truth ; and that lest it
ihould seem doubtful tliat the first Letter was
drawn from my lord Cobham by promise of
mercy, or hope of favour, the Ld. C. J. billed
that the Jury might herein be satisfied.
Whereupon the earl of Devonshire delivered,
that die same was mere voluntary, and not ex-
tracted from the lord Cobham upon any hopes
or promise of Pardon.]
This was the last Evidence • : whereupon a
Marshal was sworn to keep the Jury private.
The Jury departed, and staid not a quarter of
ui hour, but returned, and gave their verdict,
Guilty.
Serf. Heale demanded Judgment ngainst
the Prisoner.
Clerk of the Crown. Sir Walter Raleigh,
Thou hast been indicted, arraigned, and plead-
ed Not Guilty, for all these several Treasons ;
and for Trial thereof, bast put thyself upon thy
country ; which country are these, who have
found thee Guilty. What canst thou say for
thyself, why Judgment and Execution of Death
•hootd not pass against thee ?
Raleigh. My lords, die Jury have found
me Guilty : they must do as they are directed.
I can say nothing why Judgment should not
proceed. You see whereof Cobham hath ac-
cused me : you remember his Protestations,
that I was never Guilty. I desire the king
fiboeld know of the wrongs done unto me
since I came hither.
L. C. J. You have had no wrong, sir Wal-
ter.
Raleigh. Yes, of Mr. Attorney, I desire
nj lords to remember three things to the
king. 1. I was accused to be a practiser with
Spain : 1 never knew that my lord Cobham
meant to go thither ; I will ask no mercy at
the king's hands,' if he will affirm it. 2. 1 never
knew of the practice with Arabella. 3. 1 never
knew of my lord Cobhatn's practice with Arem-
kert» nor of the surprizing Treason.
L. C. J. In my conscience, I am persuaded
that Cobham hath accused you truly. You
cannot deny, but that you were dealt with to
have a Pension to be a spy for Spain ; there-
fore y.j are not so true to the king as you
We protested yourself to be.
Raleigh. I submit myself to the king's
* Kennett says that " Upon the trial, sir
Walter Raleigh denying the tact, pleaded, That
though it were proved, it could not amount to
Treason against king James, being done in the
reign of the late queen; and no acts of parlia-
ment made to entail the crown upon him after
W death."
mercy ; I know his mercy is greater than my
o Hence. I recommend my wife, and son of
tender years, unbrought up, to his compassion.
L. C. J. I thought I should never have
seen this day, to have' stood in this place to
give Sentence of Death against you ; because
I thought it impossible, that one of so great
parts should have fallen so grievously. God
hath bestowed on you many benefits. You
had been a man fit and able to have served
the king in good place. You had brought
yourself into a good state of living; if you had
entered into a good consideration of your
estate, and not su tiered your own wit to have
in trapped yourself, you might have lived in
good comfort. It is best for man not to seek
to climb too high, lest he fall : nor yet to creep
too low, lest he be trodden on. It was the
Poesy of the wisest and greatest Counsellor of
our time in EngUuid, In medio sputio medio-
cria firma locantur. You might have lived
well with 3000/. a vear, for so I have heard
your Revenues to be. 1 know nothing might
move you to be discontented : but if you hud
been down, you know fortune's wheel, when it
is turned about, riseth again. 1 never heard
that the king took away any thing from you,
bur the Captainship of the Guard, which he
did with very good reason, to have one of his
own knowledge, whom he might trust, in that
place. You have heen taken tor a wise man,
and so have shewed wit enough this day.
Again, for Monopolies for Wine, &c. if the
king had said, It is a matter that offends my
people, should I burden them for your private
good ? 1 think you could not well take it hard-
ly, that his subjects were cased, though by
your private hindrance. Two \ ices have lodged
chiefly in you ; one is an eager ambition, the
other corrupt covetousness. Ambition, in de-
siring to be advanced to equal grace and fa-
vour, as you have been before time ; that
grace you had then, you got not in a day or
year. For your covetousness, I am sorry to
hear that a gentleman of your wealth should
become a base Spy for the enemy, which is
the vilest of all other ; wherein on my con-
science Cobham hath said true : by it you
would have increased your living 1500?. a year.
This covetousnos is like a canker, that eats
the iron place where it lives. Your case being
thus, lej it not grieve you, if 1 speak a little
out of zeal, and love to vour good. You have
been taxed by the world, with the Defence of
the most heathenish and blasphemous Opinions,
which I list not to repeat, because Christian
ears cannot endure to hear them, nor the au-
thors and maintained of them be suffered to .
live in any Christian Commonwealth. You
know what men said of llarpool. You shall
do well, before you go out of the world, to give
satisfaction therein, and not to die with these
imputations on you. Let not any devil per-
suade you to think there is no eternity iu
Heaven : for if you think thus, you shall find
eternity in Hell-fire. In the first accusation of
my lord Cobham, I observed his manner of
31]
STATE TRIALS, 1 James I. ltfOS.— Trial qf Sir Walter Raleigh,
[32
speaking ; I protest before the living God, I
am persuaded he spoke nothing but the truth.
You wrote, that he should not in any case
confess any thing to a Preacher, telling him an
example of my lord of Essex, that noble earl
that is gone ; who, if he had not been carried
away with others, had lived in honour to this
day among us : he confessed his offences, and
obtained mercy of the Lord ; for I am verily
persuaded in my heart, he died a worthy ser-
vant of God. Your conceit of not coniessing
any thing, is very inhuman and wicked. In
this world is the time of confessing, that we
may be absolved at the Day of Judgment.
You have shewed a fearful sign of denying God,
in advising a man not to confess the truth, it
now comes in my mind, why you may not have
your Accuser come face to face : tor such an
one is easily brought to retract, when he seeth
there is no hope of his own life. It is dange-
rous that any Traitors should have access to,
or conference with one another ; when they
see themselves must die, they will think it best
to have their fellow live, that he may commit
the like Treason again, and so in some sort
seek revenge. — Now it resteth to pronounce
the Judgment, which I wish you had not been
this day to have received of me : for if the
fear of God in you had been answerable to
your other great parts, yuu might have lived to
have been a sinuular good subject. I never
saw the like Trial, and hope 1 *hall never see
the like again :
The JVDT.MEM',
But since you have been found guilty of these
horrible Treasons, the judgment of this court
is *, That you s-hull be had from hence to the
place whence you came, there to remain until
the day of execution; and from thence you
shall be drawn upon a hurdle through the open
streets to the place of execution, there to be
hanged and cut down alive, and your body
shall be opened, your heart and bowels plucked
out, and your privy members cut off, and
thrown into the fire before your eyes ; then your
head to be stricken off from your body, and
your body shall be divided into four quarters,
to be disposed of at the king's pleasure: And
God have mercy upon your soul.
Sir Walter Raleigh Besought the carl of
Devonshire, and the lords, to be suitors on his
behalf to the king; that in regard of places of
estimation he did bear in his majesty's time,
the rigour of his Judgment might be qualified,
and his death be honourable, and not igno-
minious. Wherein after they had promised
him to do their utmost endeavours, the court
rose, and the prisoner was carried up again to
the castle.
Fourteen years sir Walter had spent in the
* As to the Judgment for Treason and the
difference between the Judgment pronounced
and that entered on the record, see Lord Der-
wentwater's Case, infra, a. d. 1715, and East's
Pleas of the Crown, ch. 2. •. 78.
Tower, and being weary of a state wherein he
could be only serviceable by his pen, but not
in a capacity of serving and enriching his
country any other way, (of whom prince Henry
would say, ' that no king but his father would
keep such a bird in a cage;') at length he fell
upon an enterprize of a golden mine in Guiana
in the Southern parts of America. The propo-
sition of rhis was presented and recommended
to his majesty by sir Ralph VVinwood, Secretary
of State, ns*a matter not in the air, or specula-
tive, but real, and of certainty : for that sir
Walter had seen of the ore of the mine, and
tried the richness of it, having gotten a pound
from thence by the hands of Captain Kemish's
ancient servant. — Sir Ralph's recommendation*
of the design, and the earnest solicitations for
his enlargement by the queen and prince, and
the French Leiger, (with much affection to his
deserts, not without some politic designs on
Spain) together with the asseverations of sir Wal-
ter of the truth of the mine, worked upon his
majesty, who thought himself in honour obliged,
nay, in a manner engaged, as the Declaration
which he published after the death of sir Walter
tells us, not to deny unto his people the adven-
ture and hope of so great riches to be sought
and achieved at the charge of volunteers, espe-
cially since it stood so well with his majesty's
politic and magnanimous courses in these his
nourishing times of peace to nourish and encou-
rage noble and generous enterprizes for planta-
tions, discoveries, and opening of a new trade.
— Count Goudomar, an active and subtle in-
strument to serve his master's ends, took alarm
at this, and represented to his majesty the
Enterprize of sir Walter to be hostile, and pre-
datory, intending a breach of the peace between
the two crowns. But notwithstanding, power
at last is granted to sir Walter to set forth ships
and men for that sen ice. llowoer, the king
commanded him upon pain of his allegiance,
to give him under hi* hand, promising, on the
word o( a king, to keep it secret, the number of
his men, the burden and strength of his ships, to-
gether with the country and river which he was
to enter: Which being done accordingly by sir
Walter, that very original Paper was found in
the Spanish governor's closet at St. Thomas's.
So active were the Spanish ministers, that ad-
vertisement was sent to Spain, and thence to
the Indies, before the English Fleet got out of
the Thames. — But as we have just cause to
admire the' more than usual activity of the
Spanish Agents, so may we wonder no less at
I the miscarriage of his majesty's present minis-
ters, who, notwithstanding he had pasr£d his
royal word to the contrary, yet they did help
count Gondoraar to that very Paper; so much
both king and court were at Gondomar's ser-
vice. A Commission* indeed is granted, but
by Gondomar's means is limited, That the
* This Commission bears date Aug. 26,
1616, and is to be found in 1 Rymer's Eccdera,
789, wherein no mention is made of the king of
Spain, or his subjects, notwithstanding it is so
S3]
STATE TRIALS, 1 James I. 1003.— /or High Treason.
[34
Fleet should commit no outrages upon the king
of Spain's subjects by lund, unless they begun
first. With this commission, and the company
of several brave captains, and other knights
and gentlemen of great blood and worth, he
set out in quest of the Mine with a compleat
fleet of 12 sail ; letting fall a Speech at his de-
parture, which was rather an argument of his
wit than liis wisdom ; * That his whole History
' of the World hud not the like precedent, of a
1 king's prisoner to purchase freedom, and his
' bosom favourite to have the halter, but in
' Scripture, Mordecai and Haman ;* meaning
himself and the carl of Somerset. To which
he was told, that the king replied, * He might
die in that deceit.* Which he did, for Somer-
set was saved. Of whom was made good what
sir Waller used to say of Favourites, * That
minions were not so happy as vulgar judgments
thought them, being frequently commanded to
uncomely, and sometimes to unnatural employ-
ments.' On the 17 th of Nov. he arrived at Guiana
having been much retarded by contrary winds,
and having lost several of his volunteers in the
voyage, by a violent calenture. When sir Wal*
ter was returned to Plymouth, sir Lewis Stetikly,
Vice-Adiniral of the county of Devon, seized
him, being commissioned by his majesty to
bring him to London ; which could add no ter-
ror to a person who could expect nothing less.
When be was brought to London, he was per-
mitted the confinement of his own house: but'
fading the court wholly guided by Gondomar,
he could hope for little mercy ; therefore he
wisely contrived the design of an escape into
France; which sir Lewis Steukly betrayed.
The Voyage proving unsuccessful, king James
was willing to sacrifice the life of sir Walter11 to
the advancement of peace with Spain, but not
upon such grounds as the ambassador had de-
signed; for he desired a Judgment upon the
pretended breach of peace, that by this occa-
sion he might slily gain from (he English an
acknowledgment of his master's right in those
places, and hereafter both stop their mouths,
and quench their heat and valour.
Hence they resolved to proceed against him
apon his old condemnation f, for having had
eiperience upon a former Trial, they cared not
to run the hazard of a second. Accordingly,
upon Wednesday, the 28th of Oct. 1618, the
Lieutenant of the Tower, in pursuance of a
Writ of Habeas Corpus to him directed, brought
sir Walter Raleigh from the Tower to the
KingVbench bar at Westminster. Wliere
Mr. Attorney (Mr. Henry Yelverton,) spake in
eject thus: My lord*, sir Walter Raleigh, the
prisoner at the bar, was 15 years since, con-
victed of High-Treason, by him committed
^fainst the person of his majesty, and the state
insinuated in the king's Proclamation against
Sir Walter Raleigh, June 11, 1618, which is
extant in 1 Ryra. Foedera, 92.
* 1 Rush. coi. 9.
t See the Order for hit Execution, 1 Rym.
Fo><L 115.
vol. y.
of this kingdom, and then received the Judg-
ment of death to be hanged, drawn, and quar-
tered ; his majesty, of his abundant grace, oath
been pleased to shew mercy upon him 'till
now, that justice calls unto him tor Execution.
Sir Walter hath been a statesman, and a man,
v\ho, in regard of his parts and quality, is to be
pitied : he hath beeu as a star, at which the
Vorld hath gazed; but stars may fall, nay they
must fall, when they trouble the sphere wherein
they ahide. It is therefore his majesty's plea-
sure now to call for Execution of the former
Judgment, and 1 now require order for the same.
'1 hen Mr. Fanshaw, Clerk of the Crown,
read the Record of the Conviction and Judg-
ment, and called to the Prisoner, tn hold np his
hand, which he did. Then was the Prisoner
asked, Whit he could say for himself, why exe-"
cution should not be awarded against turn ?
Sir Walter Raleigh. My lords, my voice is
grown weak, by reason of my late sickness, and
an ague, which I now have ; for 1 was even now
brought hither out of it.
L. C. Justice (sir Edw. Coke). Sir Walter,
your voice is audible enough.
Sir Walter. Then, my lord, all I can say is
this; That the Judgment which 1 received to
die so long since, 1 hope it cannot now be
strained to take away my life ; for that since it
was his majesty's pleasure to grant roc a commis-
sion to proceed in a Voyage beyond the seas,
wherein I had power as marshal, on the lite and
death of others, so, under favour, I presume I
am discharged of that Judgment : for, by that
Commii-sion I departed the land, and undertook
a Journey, to honour my sovereign, and to en-
rich his kingdom with gold, of the ore whereof
tins hand hath found and taken in Guiana ; but
the Voyage, notwithstanding my endeavour, had
no other success, but what was fatal to me, the
loss of my son, and waiting of my whole estate.
Being about to proceed, he was by the L. C.
Justice interrupted, who spake :
L. C. J. Sir Walter Raleigh, this which you
now speak, touching your Voyage, is not to the*
purpose, neither can your Commission any way
help you, by that you are not pardoned ; for by
words of a special nature, in case of treason,
you must be pardoned, and not implicitly.
There was no word tending to Pardon in all
your Commission, and therefore you must say
something else to the purpose ; otherwise, ne
must proceed to give execution.
Sir Waiter Raleigh. If your opinion be so,
my lord, I am satisfied, and so put myself on
the mercy of the king, who I know is gracious ;
and, under favour, I must say I hope he will be
pleased to take commiseration upon me, is
concerning that judgment, which is so long
past, and which, I think, here are some could
witness, nay, his majesty was of opinion, that
I had hard measure therein.
L. C. J. Sir Walter Raleigh, you must re-
member yoursrlf; you had an honourable
Trial, and so were justly convicted; and it were
wisdom in you now to submit yourself, and to
confess your Offence did justly draw upon you
35]
STATE TRIALS, 1 James I. 1603— Trial of Sir Walter Raleigh,
[36
that Judgment which was then pronounced
against you ; wherefore I pray you attend what
1 shall say unto you. I am here called to
grant Execution upon the Judgment given you
15 years since; all which time you have been
as a dead man in the law, and might at any
minute have been cut off, I ut the king in mercy
spared you. You might tbiuk it lienvy, if this
were doue in cold blood, to call you to Execu-
tion, but it is not so ; for new Offences have
stirred up his majesty's justice, to remember to
revive what the law hath formerly cast upon
you. 1 know you have been valiant and wise,
and I doubt not but you retain both tliete vir-
tues, for now vou shall have occasion to u*e
them. Your faith hnth heretofore been ques-
tioned, but I am resolved you are a gocd Chris-
tian ; for your Book, which is an admirable
work, doth testify as much. I would give you
counsel, but I know- you can apply uuto your-
self far better than I am able to give you ; yet
will I,*with the good neighbour in the Gospel,
who finding one in the way, wounded and dis-
tressed, poured oil into his wounds, and refresh-
ed him, I give unto you the oil of comfort ;
though, in respect that I am a minister of the
law, mixed with vinegar. Sorrow will not
avail you in some kind : for, were you pained,
sorrow would not case you ; were you afflicted,
sorrow would not relieve you ; were you tor-
mented, sorrow could not content you ; and
yet, the sorrow for your sins would be an ever-
lasting comfort to vou. You must do as that
valiant captain did, who perceiving himself in
danger, said, in defiance of death ; ' Death,
* thou expectest me, but maugre thy spite, I
' expect thee/ Fear not death too much, nor
fear not death too little : not too much, lest
you fail in your hopes ; not too little, lest you
die presumptuously. And here I must con-
clude w ith my prayers to God for it ; and that
he would have mercy on your soul.- — And so
the L. C. Justice ended with these words :
1 Execution is granted'.
Sir Walter Raleigh. My lord, I desire thus
much favour, that I may not be cut off suddenly;
for 1 have something to do in discliarge of my
conscience, and something to satisfy hismnjestv
in, something to satisfy the world in; and 1
desire I may be heard at the day of my death.
And here I take God to be my judge, before
w horn I shall shortly appear, 1 was never dis-
loyal to his majesty, which I will justify where
L shall not fear the face of any king on earth:
and so I beseech you all to pray for me. •
The Court having awarded Execution, the
Sheriffs of Middlesex were commanded for that
purpose to take him into their custody, who
presently carried him to the Gatehouse. The
following is a Copy of the Warrant for his Exe-
cution :
Dc Warranto speciuli pro dccollullonc Walteri
Ralek.h, militia.
* James, by the grace of God, king of Eng-
1 land, Scotland, France, and Ireland, defender
' of the faith, &c. To our right trusty and well-
beloved Counsellor Frances lord Verulam,
our chancellor of England ; greeting. —
Whereas sir Walter Raleigh, knigbt, late of
the parish of Saint Martin in the Fields, in
the county of Middlesex, with others, hath
been indicted of divers High-Treasons by him
committed against us* and thereupon hath
been tried, and found Guilty of the same, be-
fore our dear cousin and counsellor, Thomas
earl of Suffolk, then Chamberlain of our
Housetibld, Gilbert late earl of Shrewsbury,
Charles late carl of Devon, Henry lord How-'
ard, Robert lord Cecil, of Essingdon, then our
principal Secretary, Edward lord Wotton then
our Comptroller of our Household, and other
our Justices of Oyer and Terminer, at onr
city of Winchester, in our county of South-
ampton, concerning Treasons, and other of-
fences, lately assigned ; which said sir Walter
R deign was, tor the same his Treasons, by
them adjudged to be drawn, hanged, and quar-
tered, according to the laws and customs of
this our realm df England, in that case pro-
vided ; which said Commission, with the said
Judgment, Indictment, and the Trial and pro-
ceedings thereupon, were returned, and do
remain in our said Court of Pleas, before us
to be holdcn ; and although the said sir Wal-
ter Raleigh be adjudged to die as aforesaid ;
yet we, minding to dispense with that manner
of Execution of Judgment, do therefore, by
tliese presents, pardon, remit, and release the
said sir Waiter Raleigh, of and from such Ex-
ecution of his Judgment to be drawn, hanged,
and quartered, as abovesaid, and instead
thereof, our pleasure is to have the head only
of the said sir Walter Raleigh cut off, at, or
within our palace of Westminster, in, or upon
some fit and convenient place, or scaffold, to
be provided in that behalf, and that in such
sort and order, as in such cases have been
heretofore done ; the said Judgment to be
drawn, hanged, and quartered, or any law, or
other thing, or matter, whatsoever, to the
contrary notwithstanding: willing, charging,
and hereby expressly commanding you #ur
said Chancellor, That, upon receipt hereof,
you do forthwith direct, under our great seal
of England, two several Writs, one to the
lieutenant of our Tower of London, or his
deputy there, for the delivery of the said
Walter Raleigh to the sheriff of Middlesex,
at, or within our said palace of Westminster
aforesaid ; and another Writ to the said she-
riff of Middlesex, for the receiving the said
sir Walter Raleigh of and from the hands of
our said Lieutenant, or hi* deputy, and for
the executing of him there, at some fit and con-
venient place, to be there, by our said sheriff,
erected and provided for that purpose, in such
manner and form as in such cases hath here-
tofore been done, or used to be done; and
these presents sliall be your warrant and dis-
charge for the same, against us, our heirs and
successors for ever. Witness our self at
Westminster, the 98th day of October 1618.
Psr Brevt d$ Frivato Sigillo.'
37]
STATE TRIALS, J James I. 1603.— /or High Treason.
[38
Bat all persona have wondered how that old
Sentence, that had lain dormant 16 yean and
upwards against sir Walter, could have been
Biade uie of to take off his head afterwards :
considering the then Lord Chancellor Verulam
cold him positively, (as sir Walter was acquaint-
ing hi in with thut proffer of sir Vr\n. St. Geon
for a Pecuniary Pardon, which might have
been obtained for a lets sum than his Guiana
preparations amounted to) in these words :
* Sir, the knee-timber of your Voyage is Money ;
' spare ^our purse in this particular, fur upon
* my lite you have a sufficient Pardon for all
' tipit is passed already, the king having, under
* his broad-seal, made you admiral of your
* fleet, and «iven you power of the martial law,
1 over the officers and soldiers.'
be esteemed or judged Recttu in curia, and
free from all old convictions. But sir Walter
hath made the best defence for his Guiana ac-
tions, in his letter to his majesty, which is here
inserted.
' May it please your most excellent majesty;
4 In my Journey outward-bound, I had my men
' murdered at the island, and yet spared to take
4 revenge : if I did discharge some Spanish
* barques taken without spoil; if I did forbear
4 all parts of the Spaui*h Indies, wherein I
' might have taken 20 of their towns on the
* sea-coasts, and did only follow the Enterprize
' I undertook for Guiana, where, without any
' directions from me, a Spanish village was
' burnt, which was new set up within three
* miles of the Mine, by your majesty's favour, I
' find no reason why the Spanish Ambassador
4 should complain of me. If it were lawful for
4 the Spaniards to murder 20 Englishmen, bind-
4 ing them back to back, and then cutting their
4 throats, when they had traded with them n
* whole month, and came to them on the land
' without so much as one sword ; and that it
4 may not be lawful for your majesty's subjects,
4 being charged first by tliein, to repel force by
' force ; we may justly say, 0 miserable Eng-
4 lish ! If Parker and Metham took Campench
' and other places in the Honduraes, seated in
1 the heart of the Spanish Indies, burned towns,
4 killed the Spaniards, and had nothing said to
1 them at their return, and myself forbore to
4 look into the Indies because I would not of-
4 fend ; I may justly say, O miserable sir W. Ila-
4 )etgh4 If I spent my poor estate, lost my son,
4 suffered by sickness, and otherwise, a world
4 of miseries; if I have resisted with the mani-
4 Jest hazard of my life, the robberies and spoils
4 which my company would have made; if when
4 I was poor, I might have made myself rich ;
4 if when I had gotten my liberty, which all
' men, and nature itself do so much prize, I vo-
' lontarily lost it; if, when I was- sure of my
' life, I rendered it again ; if I might elsewhere
4 ha\e sold my ship and goods, and put 5 or
' GOpO/. in my pocket, and vet have brought
4 her into England : J beseech your majesty to
' believe, that all this I have done, because it
1 should not be said to your majesty, that your
' majesty had given liberty and trust to a man
* whose end was but the recovery of his liberty,
* and who had betrayed your majesty's trust.
1 My mutineers told me, that if I returned for
' England I should be undone ; but I believed
t in your majesty's goodness, more than in all
' their argumettt*. Sure I am, that I am the
* first that being free, and able to enrich any-
* self, have embraced poverty and peril ; and
* as sure I am, that my example shall maketue
' the last. But your majesty's wisdom and
1 goodness I have made my judge; who have
' ever been, and shall ever be, your majesty's
•" most humble vassal, Walter Raleioii.'
But this Apology, though never so persuasive,
could not satisfy Gondomar's rage, who was re-
solved to sacrifice the only favourite left of
queen Elizabeth, to the Spanish interest : aud
who, as Osburn remarks, was the only person
of Essex's enemies that died lamented ; and the
only man of note left alive, that had helped te
beat the Spaniard iu the year 1588.
Sir Walter Raleigh's Letter to the King the
Right before his Execution.
Tie night before the Execution, sir Walter
wrote the following Letters, the one to the
King, the other to his Wife:
1 The life which I had, most mighty prince,
' the law hath taken from me, and I am now
' but the same earth and dust, out of which I
4 was made. If my offence had any propor-
* Lion with your majesty's mercy, I might de-
4 spnir, or if my deserving had any quantity
' with your majesty's uiuncasurable goodnets*
4 I might yet have hope ; but it is you that
* in us>t judge, and not I. Name, blood, genti-
1 lity, or ebtate, I have none; no not so much
' as a being, no not so much as a vita/n plantax
* I have only a penitent soul in a body of iron,
' which moveth towards the loadstone of death,
' and cannot be withheld from touching ir, ex-
4 cept your majesty's mercy turn the point jo-
' wards me that cxpelleth. Lost I am for hear-
1 ing of vain man, for hearing only, and never
* l>efieving nor accepting : aud so little account
' I made of that speech of his, which was my
' condemnation (as my forsaking him doth truly
' witness) that 1 never remembered any such
' thing, till it was at iny trial objected again*
' me. So did Ir: repay my care, who cared to
( make him good, which I now see no care of
1 man can effect. But God (for my otience t«
* him) hath laid this heavy burden on me, mi-
' serahle aud unfortunate wretch that I am !
' But for not loving you (my sovereign) Go4
* hath not laid this sorrow on me; for he knows
* (with whom I am not in case to lie) that I
4 honoured your innjesty by fame, and loved
' and admired you by kuowledge; so that whe-
* ther I live, or die, your majesty's loving aer-
' vant I will live and die. If now 1 write what
' seems not well-fa veu red, most merciful
4 prince, vouchsafe to ascribe it to the counsel
* of a dead heart, and te a mind that satroir
SO]
STATE TRIALS, 1 James I. 1003.— Trial qf Sir Walter Raleigh,
[40
' hath confounded. But the more my misery
* is, the mote is your majesty's mercy, if you
4 please to' behold ir, and the less 1 can de-
4 serve, the more liberal your majesty's gift
* shall be : heremy you shall only imitate God,
* by giving free life ; and by giving it to such a
4 one, from whom there can be no retribution,
4 but only a desire to pay a lent life with the
4 same great love, which the same great good-
4 ness shall bestow on it. This being the first
4 letter that ever your majesty received from a *
4 dead man: I humbly ;>ubmit myself to the
4 will of God, my supreme lord, and shall wil-
4 ltngly and patiently suffer whatsoever it shall
4 please your majesty to afthct inc withal.
* Walteu Raleigh.'
Sir Walter Raleigii** Letter to hit Wife.
4 You shall now receive, my dear wife, my
last words in these my hist lines. My love 1
send you, that you may keep it when I am
dead; and my counsel, that you may re-
member it wlu n I am no more. I would not
by my Wdl present you with sorrows, dear
Besse, let them go into the grave with me,
and be buried in (he dust. And seeing that
it is not God's will that I should see you any
more in this life, bear it patiently, and with a
heart like thyself. First, 1 send you all the
thanks whicn my heait can conceive, or my
words can rehearse, for your many travails,
and care taken for me; which though they
have not taken effect as you wished, vet my
debt to you is not the less; but pay it \ never
shall in this world. Secondly, I beseech you,
for the love you bare me living, do not hide
yourself many days, but by your travels seek
to help your miserable fortunes, and the right
of your poor child. Thy mourning cannot
avail me, I am but dust. Thirdly, you shall
understand that my laud was conveyed bona
fide to my child : the Writings were drawn at
Midsummer was Vi month?, my honest cousin
Breit can testify so much, and Doiberry too
can remember somewhat therein. And I
•rust my blood will quench their malice that
have nuellv murdered me, and that they will
not s<-ck .'.I so to kill thee and thine with ex-
treme poverty. To what fiiend to direct thee
I know not, for all mine have, left me in the
true time of trial. And I perceive that my
de.it i was determined fro.n the first day.
Most sorry I am, God knows, that being thus
surprised with death 1 ran Irave you in no
better estate. God is my witness, I meant
you all my other of wines, or all th:it I could
have purchased by selling ir, half inv stuff,
and all my jewels, but some one for the boy;
but God hath prevented all toy resolutions,
that great God that rulcth ail in all : but if
you can live free from w.tnt, care for no move,
the rest is but vanity. Love God, and begin
betimes to repose yourself upon him, and
therein shall you find true and lasting riches,
and endless comfort : tor the rest, when you
have travelled and wearied vour thoughts
over all sorts of worldly cogitation?, you shall
but tit down by sorrow in the end. Teach
4 your son also to love and fear God whilst ho
4 is yet young, that the fear of God may grow
* with him; and then God will be a husband
* to you, and a father to him; a husband and
4 a father which cannot be taken from you*
4 Buily oweth me 200/. and Adrian COO/, in
4 Jersey. I aho have much owing me besides.
4 The arrearages of the wines will pay your
4 debts. And howsoever you do, for my soul's
4 sake, pay all poor men. When I am gone, no
4 doubt you shall be sought to, for the world
4 thinks that I was tery rich. But take heed
* of the pietcnces of men, and their affections,
4 for they last not but in honest and worthy
4 men ; and no greater misery can be fa I you in
4 this life than to become a prey, and after-
' wards to be despised. I speak not this, God
4 knows, to dissuade you from marriage, for ic
4 will be best for you both in respect of the
4 world and of God. As fur me, 1 am no more
4 yours, nor you mine, death hath cut ns
4 asunder ; and God hath divided me from the
4 world, and you from me. Remember your
4 poor child tor his father's sake, who chose
4 you, and loved you in his happiest times. Get
4 those Letters, if it he possible, which I writ
4 to the lords, wherein I sued for life : God is
4 my witness, it was for you and yours that I
4 desired life; but it is true that [disdained
4 myself for begging of it : for know it, my dear
4 wife, that your sou is the son of a true man,
4 and who, in his own respect, despiseth death,
4 and all his misshapen and ualy forms. I
4 cannot write much, God he knows how hardly
4 I steal this time while others sleep, and it is
4 also time that I should separate my thoughts
4 from the world. Reg my dead body, which
4 living was denied thee ; and either lay it at
4 Sherburne (and if the land continue) or in
4 Exeter church by my father and mother. I
4 can say no more, Time and Death call me
4 away; the everlasting, powerful, iutinite, and
4 omnipotent God, (hat Almighty God, who is
4 goodness itself, the true life and true light,
4 keep thee and thine, have mercy on me, and
4 teach me to forgive my persecutors and accu-
4 sers, and send us to meet in his glorious king-
4 dom. My dear wife, farewell. Bless my
4 poor boy. Pray for me, and let my good ( »od
4 hold you both in his anus. Written with the
4 dying hand of sometime thy husband, but
4 now alas overthrown. Walter Rallich."
His Execution.
Upon Thursday the 29th of Oct. 16W, >jr
Walter Raleigh whs conveyed by the Sheriffs of
London to a scaffold in the Old Palace- Yard
at Westminster, about 9 in the morning of the
same day. Whereupon, when he CHine, with a
chearful countenance he saluted the lords,
knights, and gentlemen thcie present. After
which, a Proclamation was made for silence,
and he addressed himself to speak in this man-
ner, * I desire to be home withal, for this is
4 the third day of my lerer ; and if I shall sliew
4 any weakness, I beseech you to attribute it to
4 my malady, for this is the hour in which it is
4 wont to come/
' A
♦1]
STATE TRIALS, i James I. 10O3.-^br High Treason.
[\'2
Then pausing a while, he sat, and directed
himself towards a window, where the lords of
Arundel, Northampton, and Doncaster, with
some other lords and knights, sate, and spake
a* folio .veth: • I thank God, of his infinite
* goodness, that he hath brought me to die in
1 tlie light, and not in darkness ;' (but by reason
that the place where the lords, &c. sat, was
vrnie distance from the scaffold, that he per-
cwred they could not well hear him, he said)
* I will strain my voice, for I would willingly
' have your honours hear me.'
But my lord of Arundel said, Nay, we will
n*her come down to the scaffold; which he
and tome others did. Where being come, he
saluted them severally, and then began again
to speak as followeth, vit.
' As I said, I thank God heartily, that he
' hath brought me into the light to die, and
( that he hath not suffered me to die in the dark
4 prison of the TGwer, where I have suffered a
4 sreat deal of misery and cruel sickness ; and I
4 thank God that my fever hath not taken me
1 *t this time, as I prayed to God it might not.
' — "I here are two main points of Suspicion that
' hi* majesty, as I hear, hath conceived against
• me. To rev>lve your lordships wherein his
< majesty cannot be satisfied, which I desire to
« clear, and to resolve your lordships of: One
< i«, Thnt his majesty hath been informed that
• I have often had Plots with France, and his
; majesty had good reason to induce him there-
• unto. One Reason that his majesty had to
• « 'Mijectnre so was, that when I came back
• train Guiana, being come to Plymouth, I en-
• tb-atoured to go in a bark to Rochel, which
• »»\ for tliat I would have made my peace
'before I had come to England. Another
• reason was, That upon my flight, I did intend
1 |o fly info France, for the saving of myself,
4 feting had some terror from above. A third
« rea*m, that his majesty had reason to suspect,
4 was the French agent's coming to me ; be-
1 tides, it was reported that I had a Commis-
4 «■« from the French kins at my going forth :
•These are the Reasons that his majesty had,
'us I am informed, to suspect me. — But (his I
' **rv for a man to call God to witness to a
■ fahhood at the hour of death, is far more
4 pievou* and impious, and that a man that so
• (tab cannot have salvation, for he hath no
I uuie »f repentance ; then what shall I expect,
' that am going instantly to render up my ac-
4 '-'itifit f I do therefore call God to witness, as
I I hope to be saved, and as I hope to see him
4 -n his kiiiiT'lom, which I hope 1 shall within
• t^» quartt r of an hour, I never had any Com-
4 mttvon from the French king, nor never saw
4 the French king's hand-writing in all my life ;
• neither knew I that there was a French Agent,
4 nor what he was, till I met him in my gallery
I ■ at my lodging unlooked for : If I speak not
' trot, O lord ! let me never enter into thy
1 kingdom. — The second Suspicion was, That
• bs majesty had been informed, thnt I should
1 "peak dishonourably and disloyally of my
1 Kwereign ; but my Accuser was abase French-
man, and runnagate'fe How, one that hath nor
dwelling, a kind of a chymical fellow, one that
I knew to be perfidious; for being by him
drawn into the action of fearing myself !at
Winchester, in which I confess my hand was
toucht, he being sworn to secrecy over-night,"
revealed it the next morning. — But this I
speak now, what have I to do with kings ? I
have nothing to do with them, neither do I
fear them ; I have only now to do with my
God, in whose presence 1 stand ; therefore to
tell a lye, were it to gain the king's favour,
were vain : Therefore, as I hope to be saved
at the last Judgment-day, I never spoke dis-
honourably, riisloyajly, or dishonestly of hit
majesty in all my life ; and therefore I cannot
but think it strange that that Frenchman, be-
ing so base and mean a fellow, should be so
far credited as he hath been. — I have dealt
truly, as 1 hope to be saved, and I hope I shall
be believed; I confess I did attempt to
escape, 1 cannot excuse it, but it was only to
save my life. — And I do likewise confess,
that I did feign myself to be ill-disposed and
sick at Salisbury ; but I hope it was no sin, for
the prophet David did make himself a fool, and
suifered spittle to full down upon his beard, to
escape from the hands of his enemies, and it
was not imputed unto him : So, what I did, I
intended no ill, but to gain and prolong time
till his majesty came, hoping for some com-
miseration from Rim. — Rut I forgive this '
Frenchman and sir Lewis Steuklev, with all '
mv heart, for I have received the Sacrament
this morning of Mr. Dean of Westminster,
and I have forgiven all men ; but that they
are perfidious, I am bound in charity to speak,
that all men may take heed of them. — Sir
Lewis Steuklev, my keeper and kinsman,
hath affirmed that I should tell him, that my
lord Carew, and my lord of Doncaster here,
did advise me to escape; but I protest before
God, I never told him any such thing, neither
did the lords advise me to any such matter,
neither is it likely that I should tell him any
such thing of two privy counsellors; neither
lind I any reason to tell him or he to report
it ; for it is well known he left me 6, 7, 8, 9,
and 10 days together alone, to go whither I
listed, whilst he rode himself about the coun-
try.— He further accused inc, that I should
shew him a Letter, whereby I did signify unto
him that I would give him 10,000/. for my
Escape ; hut God cast my soul into everlast-
ing fire, if I made any such prolfer of 10,000/.
or 1000/. but indeed I shewed him a Letter,
that if he would go with me, there should be
order taken for his- Debts when he was gone;
neither had I iO-,000/. to give him ; for if 1 had
had so much I could have made my peace bet*
ter with it other way, than in giving it to Steuk-
lev.— Further, When I came to sir Edw. Pel-
ham's house, who had been a follower of
mine, and who gave me good entertainment ;
he gave out that 1 had there received some
dram of poison, when I answered him that I
feared no such thing, for 1 was well assured
43]
STATE TRIALS, 1 James I. 1603.— Trial <f Sir Walter Raleigh,
[44
' of them in the house, and therefore wisht him
' to have no such thought. Now God forgive
' him, for I do, and 1 desire God to forgive
' him : I will not only say, God is a God of
* Revenge ; but I desire God, to forgive him,
4 as I do desire to be forgiven of God.'
Then looking over his note of remembrance,
* Well, said he, thus far I have gone; a little
* more, a little more, and I will nave done by
* and by. — It was told the king that I was brought
* per force into England, and that I did not m-
,' tend to come again ; but sir C. Parker, Mr.
' Tresham, Mr. Leake, and divers know how
' I was dealt withal by the common soldiers,
4 which were 150 iu number, who mutinied,
' and sent for me to come into the ship to
< them, for unto me they would not come, and
4 there I was forced to take an Oath that I
' would not go into England till ttiat they would
4 have me ; otherwise they would have cast me
' into the sea, and therewithal they drove me
' into my cabbin, and bent all their forces
' against me. — Now after I have taken this
* Oath, with wine and other things such as I
4 had about me, I drew some of the chiefest to
4 desist from their purposes ; and at length I
* persuaded them to go into Ireland, which
4 they were willing unto, and would have gone
' into the North parts of Ireland, which I dis-
4 suaded them from, and told them that they
* were Red-Shankes that inhabited there : and
« with much ado I persuaded them to go into
* the south parts of Ireland, promising them
4 to get their pardons, and was forced to give
' them 125/. at Kinsalc, to bring them home,
4 otherwise I had never got from them. — I hear
* likewise there was a report that I meant not
4 to go to Guiana at nil, and that I knew not
* of any Mine, nor intended any such thing or
' matter, but only to get my liberty, which I
' had not the wit to keep. Rut 1 protest it
' was my full intent, and for Gold ; lor Gold,
4 for the benefit of his majesty and myself, and
' of those that ventured and went with mc,
' with the rest of my countrymen : but he I hat
4 knew the head of the Mine would not disco-
4 rer it, when he saw my son was slain, but
1 made away himself." And then turning to
the earl of Arundel, be said, ' My Lord, being
' in the gallery of my ship, at my departure, I
' remember your honour took me by die hand,
* and said, You would request one thing of me,
* which was. That whether I made a good
* voyage or a bad, I should not fail, but to
4 rtturu again into England ; which I then pro-
* miscd you, and gave you my faith I would;
- and so I have.'
To which my Lord answered, and said, Tt is
true I do very well remember it, they were the
very last word) I spnkc unto you.
* Another slander was raised of me, That I
' would hare gone away from them, and left
4 them at Guiana. But there were a great
* many worthy men that accompanied me nl-
4 ways ; as my sen. major, George Raleigh, and
* divers others, which knew my intent was no-
* thing to.— 'Another opinion was held of mc,
( that I -carried with mc to sea 16,000 pieces,
' and that was alt the Voyage I intended, only
' to get money into my bunds. As I shall an-
' swer it before God, 1 hud not in all the world
1 in my bands, or others to my use, either di-
( rectly or indirectly, above a 100/., whereof
4 wheo I went I gave my wife 'lol. thereof;
' but the error thereof came, as I perceived, by
' looking over .the Scrivener's Books, where
1 they found the Bills of Adventure arising to a
' great sum, and so raised that false report. — On-
' ly I will borrow a little time of Mr. Sheriffs to
' speak of one thing, that doth make my heart
' to bleed to hear that such an imputation
' should \ye laid upon me; for it is said, that I
4 should be a persecutor of the death of the
' earl of E«sex, and that I stood in a window
' over-against him when he suffered, and puffed
' out tobacco in disdain of him. God I take to
1 witness, I shed tears for him when he died ;
4 and as I hope to look God in the face hereaf-
' ter, my lord of Es«ex did not see my face when
' he suffered, for I was afar off in the Armory,
' where I saw him, but he saw not me. — I
( confess indeed 1 was of a contrary faction,
1 but, I know my lord of Essex waa a noble
' gentleman, and that it would be worse with
' me when he was gone ; for I cot the hate
' of those which wished me well before, and
1 those that set me against him, afterwards
1 set themselves against me, and were my great-
' est enemies, and my soul hath many times been
' grieved that I was not nearer him when he died ;
1 because, as I understood afterwards, that lie
' asked for me at his death, to have been recon-
' ciled unto me. — And these be the material
' points I thought good to speak of, and I am
' now at this instant to render up an account to
' God ; nnd I protest, as I shall appear before
* him, this that I have spoken is true, and I hope
' I shall be believed.'
'Then a Proclamation being made, that all
men should depart the scaffold, he prejmred
himself for death ; giving away his hat, his cap,
with some money, to such as he knew, that
stood near him. And then taking his leave of
the lords, knights, gentlemen, and others of his
acquaintance, and amongst the rest, taking his
leave of my lord of Arundel, he thanked him for
his company, and intreated him to desire the
king that no scandalous Writing to defame hi in
might be published after his death ; sayiug fur-
ther unto him, I have a long journey to go, and
therefore I will take my leave. — And then put-
ting off his doublet and gown, desired the heads-
man to shew him the ax ; which not being sud-
denly granted unto him, he said, I prithe«,let
me see it, dost thou think that I am afraid of
it ? So it l>eing given unto him, he felt along
upon the edge of it, and smiling, spake unto
Air. Sheriff, saying, * This is a sharp medicine,
but. it is a physician that will cure till diseases.9
Then going to nnd fro upon the scaffold on
every side, he intreated the company to pray to*
God to give him strength.
Then having ended his Speech, the execu-
tioner kneeled down end asked him forgiveness;
«1
STATE TRIALS, 1 James I. 1 60S.— /or High Treason*
l-M
the which laying his hand upon his shoulder he
forgave him. Then being asked which way lie
would lay himself on the block, lie made nuswer
and said, So the lieort be straight, it is no mut-
ter which way the head lieth: So laying his
head on die block, his face being towards the
east, tlie headsman throwing down his own
cloak, because he would not spoil the prisoner's
gowo, he giving the headsman a sign when he
should strike, by lifting up his hands, the Exe-
cutioner struck off his head at two blows, his
body never shrinking nor moving. U is head
was shewed on each side of the scaffold, and
then put into a red leather bag, and his wrought
velvet gown thrown over it, which was after-
wards conveyed away in a mourning coach of
his lady's.— He was 66 years old.
u This Conspiracy of sir Walter Raleigh's,"
writes Bishop Kennett in a note to Wilson's
Life of James the first, " is variously represent-
ed by the Historians and Writers of that time,
but acknowledged by all of them to have been
a Riddle of State. I liave seen most of the Ac-
counts that have been published on this sub-
ject ; and from them and from some sheets of
Cecil earl of Salisbury, and a Manuscript of one
Buck, who it seems was secretary to Chancellor
Egerton, I take the case to have been this : —
The earl of Salisbury and sir Wulter Raleigh had
been open and declared enemies of the unhappy
earl of Essex, and the chief promoters of his ruin :
Though king James could easily digest the death
of queen Mary Stuart his mother, it is noto-
riously known he nerer heartily forgave any of
Essex's enemies; which both Cecil and Raleigh
were aware of, but took contrary measures to
avoid his resentment. Raleigh trusting in the
justice of his procedure in that affair, made no
steps towards the making his peace with her
successor, contenting himself with the favour of
that mistress who raised hiiu, which he enjoyed
to her death. On the contrary, Cecil, by ilie
mediation of Hume, that was afterwards earl of
Dunbar, had been long before entirely recon-
ciled to king James, had done him important
services, and kept a correspondence with him,
while queen Elizabeth was alive. — When king
Janes came into England, Cecil was not only
continued in his places, but, contrary to all
men's expectations, was indeed made the first
minister of state, and Raleigh neglected. The
latter knowing the former to be at least equally
concerned with him in the fall of Essex, his
great mind could not bear the distinction made
between them by their new master ; and the
rather, that Cecil acted the courtier, in frown-
ing upon his old friend and acquaintance, and
giving him fresh mortifications upon every occa-
sion. In Buck's Manuscript there is mentioned
a Memorial of Raleigh's to king James, where-
in hte reflects heavily upon Cecil in the matter
of Essex, and vindicating himself, throws the
whole blame upon the other. At the end of
that Memorial, he lays open the conduct of
Cecil and his father the lord Burleigh, in the
matter of queen Mary Stuart, and, with a sin-
gular bitterness of style, not only vindicates the
memory of queen Elizabeth, but lays the death
of that unfortunate queen chiefly at the door of
Cecil and his father ; for which he appeals to
Davison, then in prison, the man that had dis-
patched the Warrant for her Execution, con-
trary to queen Elizabeth's express command.
All this had no influence on king James, and
irritated Cecil the more against Raleigh; which
helped to sour a temper that of itself was impa-
tient of injuries, and for all his other excellent
qualities, was not fitted for this reverse of for-
tune.— This^brought him into the acquaintance
and familiarity of other men, as discontented
as himself, though of different religions and in-
terests; and occasioned probably more dis-
courses than one, of having recourse to foreign
powers- to mend their present fortunes. It is
also not unlikely, that the lady Arabella's name'
might, upon these occasions, be mentioned by
sir Walter Raleigh, as one that had a near title
to the crown : but that he ever entered into
any form or design of altering the established
religion, (as was said at his Trial) no body then
nor since did ever believe."
The eminent merits, high reputation, and un-
common fate of sir Walter Raleigh, together
with the obscurity of the transactions con-
cerning lum, will justify the insertion of the
following Articles which tlirow light on his in-
teresting story :
Two Letters of Sir Dudley Carleton (afterwards Viscount Dorchester) concerning
Sir Walter Raleigh's Plot ; inclosed in the following Letter from Mr. Dudley
Carleton to Philip Lord Wharton.
[Extracted from the Hardwicke State Papers, vol. 1. p. 377.]
MY noble lord ; The two letters inclosed are
those, of which, when I told your lordship, you
shewed yourself very desirous to hare sight and
therefore I have sent them to you. That Dud-
ley Carleton, whose name you will find sub-
scribed to them, was my uncle, who died secre-
tary to bis late majesty, who had likewise ho-
noured him with the title of viscount Dorches-
ter; and I suppose too knew him. He was, ai
tbttnaehe wrote them, secretary to my lord
of Northumberland's father, and both an ear
and eye witness of most that passed in the Ar-
raignment and Execution at Winchester, in
anno 1603. I wish they may serve your Lord-
ship to such use as you desire ; and if I could
give you any farther light, I should be most
ready to serve you, as being your Lordship's,
&c. Dudley Carleton
•* London, •
Feb. 14th, 1651.
47]
St ATE TRIALS, 1 James I. 1003.— Trial qf Sir Walter Raleigh,
[4»
Sir Dudley Carleton, to Mr. John Chamber-
lain.
Sir; I was taking care .how to send unto
you, and little looked for so e;ood a mems as
your man, who came to me this morning ; and
though he would in all haste he gone, I have
stayed him this night, to have time to discourse
unto you these tragical Proceedings. I was
not present at the first or second Arraignment,
wherein Brooke, Mark ham, Brookes by, Copley,
and the two Priests were condemoed, tor prac-
tising the surprize of the king's Person,* the
taking of the Tower, the deposing of Counsel-
lors, and proclaiming Liberty of Religion.
They were ail condemned upon their own Con-
fessions, which were set down under their own
bands, as Declarations ; and compiled with
such labour and care, to make the matter they
undertook seem very feasible, as if they had
feared they should not say enough to hang
themselves. Pirra was acquitted, being only
drawn in by the priests as an assistant, without
knowing the purpose ; yet had be gone the
same way as the rest (as it is thought), save
for a word the lord Cecil cast in the way as his
cause was in handling, That the king's glory
consisted as much in freeing the innocent, as
condemning the guilty.
The Commissioners for this Trial were, the
Lord Chamberlain, lord of Devon, lord Henry
Howard, lord Cecil, lord Wottou, the Vice
Chamberlain, the two Chief Justices, J us r ice
Gawdy, and Warburton. Of the King's Coun-
cil, none were employed in that, or the arraign-
ment, but the Attorney (Coke,) Ileale, and
Philips; and in effect, none but the Attorney.
Sir Walter Raleigh served for a whole act, and
played all the parts himself. His cause was
disjoined from the Priests, as being a practice
ouly between himself and the lord Cobhani,* to
have brought in the Spaniard, to have raised
Rebellion iu the realm, by fastening money
Upon discontents, to have set up the lady Ara-
bella, and to have tied her to certain condi-
tions ; as to have a perpetual peace with
Spain ; not to ha\e bestowed herself in mar-
riage but at the direction of the Spaniard ; nnd
to have granted Liberty of Religion. The Evi-
dence against him, was only Cobham*s Confes-
sion, which was judged sufficient to condemn
him ; ami a Letter ,was produced, written by
Cobhani the day before, by which he accused
Ralegh as the first pracri^er of the Treason l»e-
twixt them : which served to turn ngaiusi him;
though he shewed, to countervail this, a Letter
written by Cobhani, and delivered to him in
the Tower, by which he was clearly acquitted.
After Sentence given, his request was, to have
his Answers related to the king, and pardon
begged; of which, if there were no hope, then
that Cobham might die first. He answered
with that temper, wir, learning, courage and
judgment, thut save that it went with the hazard
* It does not appear whut proceedings had
be%U had against Cobham.
of his life, it was the happiest day that ever he
spent. And so well he shifted all advantages
that were taken against him, that were not
fama malum graviui qu&rn res, and an ill name
naif hanged, in the opinion of all men, he had
been acquitted. — The two' first that brought the
news to the king, were Roger Ash ton and a
Scotchman; whereof one affirmed, That never
any man spoke so well in times past, nor would
do in the world to come ; and the other said,
That whereas wheu he saw liiin first, he was so
led with the common hatred, that he would have
gone a hundred miles to have seen him lianged,
he would, ere he parted, have gone a thousand
to have saved his life. In one word, never was
man so hated, and so popular, iu so short a
time. It was thought the lords should have
been arraigned on Tuesday lust, but they were
put off till Friday and Saturday ; and had their
trials apart before the Lord Chancellor (Elles-
mere, as Lord Steward for both those days),
- eleven earls, nineteen barons. The duke*, the
earl of Marr, and many Scotish lords, stood as
spectators ; and of our ladies, the greatest part,
as the lady Nottingham, the lady Suffolk, and
the lady Arabella, who heard herself much
spoken of these days. But, the arraignment
before, she was more particularly remembered,
as by sir Waiter Raleigh, for a woman, with
whom he had no acquaintance, and one, whom,
of all that he ever saw, he never liked ; and by
Serj. Hale, as one that had no more right to the
crown than himself ; and for any claim that he
had to it, he utterly disavowed it. Cobha.n led
the way on Friday, and made such a fasting
day's piece of work of it, that he discredited
the place to which he was called ; nrver was-
seen so poor and abject a spirit. He heard his
indictment with much fear aud trembling, and
would sometimes interrupt it, by forswearing
what he thought to be wroi g)y inserted ; so as,
by his fashion, it was known ere he spake, what
he would confess or den v. Iu his first answer,
he snid, he had changed his mind since he came
to the bar ; for whereas he came with an inten-
tion to have made his confession, without deny-
ing any thing, now seeing many things inserted
in this indiciinent with which he could not be
i charged, being not able in one word to make
! distinction of many parts, he must plead to all
! not guilty. For any thing that belonged to the
■ lady Arabella, hedeuied the whole accusation;
• only said, she had sought his ii ieudship, and
• his brother Brooke had sought Iter's. For the
! other purposes, he said, he had hammered in his
! brains some such imaginations : but never had
purpose to bring them to effect. Upon Ra-
leigh, he exclaimed as one who had stirred him
\ up to discontent, and thereby overthrown his
; fortunes. Against liim he said, that he had
| once pro|KHinded to him a means for the Spa-
j niard to invade England, which was, to bring
I down an army to the Groyne, under pretence
! to send them into the Low Countries, and land
' them at Milford Haven : that lie had made
* Of Lenox, then (lie only one of that degree*
40]
STATE TRIALS, 1 James I. 1603.— /or High Treason.
[50
himself a pensioner to Spain tor 1500 crowns I seemed) have dispensed with their consciences
1ft • • i I * m ^ • • la*/* * 1
by the year, to give intelligence ; anc , for an
earnest of his diligence, had already related
to the Count D'Axemberg, the particularities
of what passed in the states audiences at Green-
wich. His brother's confession was read
against him, wherein be accused him of a con-
tract made with Aremberg for 500,000 crowns
to bestow amongst discontents, whereof Raleigh
wa* to have had 10,000, Grey as much, and
Brooke 1000 ; the re»t, ns they should tind fit
■en to bestow it on. He excepted against his
brother as an incompetent accuser, baptizing
Lua with the name of a viper; and laid to his
charge (though far from the purpose) the getting
vi his wife's sister with child ; in which it is
thought he did young Coppinger some wrong.
A letter was produced which he wrote to
Aremberg's for so much money: and Arem-
berg** answer, consenting for the furnishing of
that sum. He then flew to his former retreat,
that in this likewise he had no ill meaning, and
cicused Aremberg as one that meant only
thereby to further the peace. When particu-
larities were farther urged, that, in his intended
travel, he meant to have gone into the Low
Countries to the archduke; from thence into
Savoy : so into Spain ; then have returned by
Jersey ; and there to have met lialeigh, and to
have brought some money from the well-spring
»hcre it was to be hud, ho confessed imagina-
tions, but no purposes , and still hud the fault
oprn hi? own weaknesses, in that lie suffered
kuiMrlf to be misled by lialeigh. Being asked
of his two letters to different purposes, the one
excusing, the other condemning; Kaleigh ; he
feud, i lie last was true, but the other was drawn
fruui him by device in the Tower, by young
ILrvty the lieutenant's sou, whom Raleigh
had corrupted, and carried intelligence betwixt
tkem (fur which he is there committed, and is
likely to be arraigned at the Kiug's-bcnch).
hating thus accused all his fiicmJs, and so
little excused himself, the peers were not long
ia deliberation what tojud^e; and after sen-
tence of condemnation given, he begged a
freat while for life and favour, alleging his con-
fession a* a meritorious act. Grey, quite in
another key, began with great assurances and
aJauity: spake a long and eloqm nt speech,
first to the lords, and then to tl»e judges, and
h»ti) to the king's council ; and told them well
of their charges, and spake effectually for him-
self. He he Id tlium the whole day, from ei^ht
ia the morning till eight at night, in subtle tru-
iei>es an i scapes ; but the evidence was too
perspicuous, both by BruokeV and ~\!uikham's
r-'jhteskioii*, that h- w;.s acquainted with the
lurprtte;* Vet the lord** were lonjj ere they
CHiidali agree, ami loth to ci.iue out with bo
hirdceueurc aeniji*t him. For though he had
to have shewed him favour. At the pronounc-
ing of the opinion of the lords, and the de-
mand whether he had any thing to .sny why
sentence of death should u-.»t he given against
him, these only were his words, " 1 have no-
ting to say;' there he paused long; '.' and yet
a word of Tacitus comes in my mind, fifon
eadem omnibus decora : the house of the Wil-
tons had spent many lives in their prince's ser-
vice, and Grey cannot beg his. God send the
king a long and prosperous reign, and to your
lord si up* all honour."
After sentence given, he only desired to have
one Travers,* a divine, sent for to come to
him, if he might live two days. If he were to
die before that, then he might have one Field,
whom he thought to be near. There was
great compassion had of this gallant young
lord ; for so clear and fiery a spirit had not
been seen by any that had been present at like
trials. Yet the Lord Steward condemned his
manner much, terming it Lucifer's pride, and
fireached much humiliation ; and the judges
iked him as little, because he disputed with
them against their laws. We cannot yet judge
what will become of him or the rest ; for all
are not like to go one way. Cobham is of the
surest side, for he is thought least dangerous,
and the lord Cecil undertakes to be his friend.
They say the priests shall lead the dnnce to-'
morrow; and iirooke next after : for he proves
to be the knot that tied together the three con-
spiracies ; the rest hang indifferent betwixt
mercy and ju>ticc, wherein the king hath now
subject to practise himself. The lords are most
of them returned to the court. The Lord
Chancellor und Treasurer remain here tdl
Tuesday, to bhnt up the term. My lord goetli
from her.ee to I'rt worth ; but I pick quarrel to
stay behind, to «»ee an end of these matter*.
I do call to n.ind a pretty secret, that the
lady of P< -iiibioke hath written to her son Philip,
and charged him, of nil her blessings, to em-
ploy his own credit, his friends, and all he can
(\of for Its high's pardon : and though she does
little good, u-t she :.- to be commended for do-
ing her hot, in shewing ve teria ve$t't»ia tlan,m<r.
And thus being como round where 1 began, it
is time to ljave- you, de.-iring you to excuse me
to my ciuhu sir Him land Litton, for not writ-
ing; ami m» yuu we'd may, for \ou have enough
for yourself and all my kindred and friends, to
make you alt weary. Sir \V:-l»er Cope \*> in
tliii town, and sir Hugh Bv>ti*-n likewise,
who often asks for voii as Your friend, and
then lore v.^u arc the more to lament that he
is niitime!\ come to a night-cup. Many marvel
at his sudden hr-.».»kiiii:, but most ascribe it to
sithiH' r!:t W* took a1 a word which sir Walter
Ituleijili spoke ;.t hi> examinations : who asked
lonu heavy enenu<>, as his old antagonist, wl.o i if sir Uui-h IitM-.n w.isii'rt apprehended and
tortured, h- coi.-c In* was always of his chiefesC
council. 1 -hall ne\er end, unless I abruptly
hi. I vim fs-rewi-l. From \\ mcluMer, the 27th
<l A Puritan, the antagonist of Hooker,
was uiuie bi-tuiv his face, hut spake within j
terv nnnobly against him ; yet mo>l of them
itrote with themselves,' and would fain (us it
P Of the court.
ma. m
51]
STATE TRIALS, 1 James I. 1 COS.— IVial of Sir Walter Raleigh,
[53
of November, 1GU3. Your's, &c. Dldlly
La.rlf.tok.*
The Same to the Same.
Sir : I know not when or bow to send to von ;
yet here happening an accident worth your
knowledge, 1 cannot but put it in record whilst
tlie memory of it is fres.h ; and tor the rest,
*tu:»d to the venture, ihit because 1 have
taken a time of good leisure. and it is likely
this letter will take his leisure, ere it come at
tory denial. The bishop of Chichester had
soon done what, he came tor, finding in Cobham
a willingness to die, and readiness to die well;
with purpose at his death to affirm as much as
he had said against Raleigh; but the other
bishop had more to do with his charge; for
though, for his conscience, he found him well
settled, and resolved to die a Christian and a
good Protectant, for the point or' confession, he
found hitn so strait-laced, that he would yield
to no p:ut of Cobhnm's accusation; only, the
I
,'ou; I may as well leap in where I left, when ] pension, he said, was once mentioned, but
wrote to you by your man, and proceed in an
order by mrration- ; since this was a part of
the same play, and that other nets came be-
twixt, to make up a tragical comedy.
The two priests that led the way to the exe-
cution, were very bloodily handled ; for they
were both cut down alive; and Clarke, to
whom more'favour was intended, had the worse
Luck ; for he both strove to help himself, and
spake after he was cut down. They died
boldly both ; and Watson (as he would have it
seem) willing : wishing he had more lives to
spend, and on** to lose, for every man he had
bv his treachery drawn into tliis treason. Clarke
stood sojntv.ti.it upon his justification, and
thought he had hard measure: but imputed it
to his function, and therefore thought Jus death
meritorious, as a kind of martyrdom. Their
quarters were set on Winchester gates, and
their heads on the first Tower of the castle.
Brooke was beheaded in the castle-yard, on
Monday last; and to double his grief, hid Sr.
Croft es in hi* sight, from the Lcau'ohl, which
drove him first to discontent*. There was no
greater assembly than I h«i\e seen at ordinary
executions; nor no man of miality more than
the lord of Arundel and young Somerset; only
the biihop of Chichester who was sent from the
court two days before, to prepare him to his
end, could not get loo.-^e from him; but, by
Brooke's earnest entreaty was- fain to accom-
pany him to the scaffold, and serve for his
ghostly father, lie died coi^tantly (and, to
terming, religiously) ; spake not much ; hut
v liar he said was well and assured. He did
somewhat extenuate his oitences, both in the
treasons, and the course of his life; naming
rhese rather errors than capital crimes ; and his
former faults, sins; but not so heinous as thev
were traduced ; which he referred to the God
of truth and time to discover ; and so left it, as
it* somewhat lay yet hid, which would one day
appear for his justification. The bishop went
from him to the lord Cobham : and at the same
lime, the bishop of Winchester was with lta-
lcigh: both by express order from the kinc ; us
well to pn-paie them for their ends, as likewise
to bring them to liberal confc^iosn, and by
that means reconcile the roiitiadictimis of the
one's open nrciivuliiiu, and the other's peremp-
* This Letter contains otiier matter, which
i* not here inserted a> having no relation to
Raleigh or his associates.
t Missing, I suppose, the mastership.
never proceeded in. Grey in the mean time,
with his minister Field, having had the like
summons for death, spent his time in great de*
votions; hut with that careless regard of that
with winch he was threatened, that he was ob-
served neither to eat or sleep the worse, or
be any ways distracted from his accustomed
fashions. Markh.un was told he should like*
wise die: but by secret message from soma
friends at court, had still such hope given him,
that he would not believe the worst news till
the last day ; and though he could be content
to talk with the pieacher which was assigned
him, it was rather to pass time, than for any
good purpose; for he was catholicly disposed;
to think of death no way disposed. Whilst
these men were so occupied ut Winchester,
there was no small doings about them at court,
for life or death; some pushing at the wheel
one way, some another. The lords of the
council joined in opinion and advice to die
king, now in the beginning of his reign to shew
as well examples ot mercy as seventy, and to
i»a:n the tit:e of Clemens, us well as Justus;
hut some other.*, h-d by their private spleen and
pa&sinns, drew :m hard the other way; and
Patrick Galloway, in his sermon on Tuesday,
preached so hotly against remissness and mode-
ration of justice, in the head of justice, us if it
were one of the seven deadly sins. The king
field hiimcif upriuht betwixt two waters: and
first let the lords know, that since the law had
passed upon the prisoners, and that they ihcm-
sehes had been their judges it became not
them to be petitioner* lnr ih.it, but rather to
press for execution of their own ordinances;
and to others, gave as pood reasons, to let them
know that he would go no whit the faster for
their driving; hut would be led as his own
judgment and utl'eclious would mo\e him ; but
seemed rather to lean to this side than the
other, bv the care he took to have the law take
h'b coi.r.-e, and tl.e execution lifted.
Warrants v. ere signed, and sent to sir Benja-
min T.chLornv, on Wednesday last at night, tor
Ah.iklam, Grey, and Cohham, who in thin
ord« r were to take their turns, as yesterday,
heiiii: l'ridav, aboi:t ten ofthe chick. A fouler
day could ba«dl\ have bven picked out, or
lifter ii«r such a tr::'::--dy. .Mark ham being
bio'.i'jhl to the Muii'oM, was much dismayed,
imd t'uiiipLiii.i d much of his hard hap, to be
deluded with hope*, and brought to that place
mi prepare it. One mivht see in his face the
very picture of sorrow : but he seemed not tQ
1
11] STATE TRIALS, 1 James I. lOol.— for High Tnason. [54
want resolution ; tor a napkin being offered | He was stayed by the sheriff, and told, that
by a friend that stood by, to cover his face, he , there resteth yet s>omew hat else to be done ;
threw it away, saying, he could look upon death i fur. that he was to be confronted with some
with >ut blushing. He took leave of some other of the prisoners, but named none. So as
fhends Ur.it stood near, and betook himself to ' Grey and Mark ham being; brought buck to the
he devotions, after his manner; and those 'scaffold, as they then were, but no tiling ac-
eaded, prepared himself to the block. The quainted with what had pussed, no more than
sheriff, iu die mean time, was secretly with* ' the lookers-on with what should follow, looked
drawn, by one John Gib, a Scotch groom of strange one upon the other like men beheaded,
the bedchamber ; whereupon the execution and met. again in the other world. Now all
«u stayed, and Markham left upon the scaffold ; the actors beintr together on the stage (as use
t) entertain his own thoughts, wi.-ich, no doubt, j is at the end of a play,) the sheriff made a short
were as melancholy as his countenance, sad speech unto them, by way of the interrogatory
and heavy. The sheriff, at his return, told of the heinousuess of their offences, the justness
him, that since he was so ill prepared, he should of their trials, their lawful condemnation, and
jet have two hours respite, so led him from the ! due execution there to be performed ; to all
scaffold, without giving him any more comfort, \ which they absented ; then, saith the sheriff,
and locked him into the great ha'l, to walk see the mercy of your prince, who, of himself,
with prince Arthur. The lord Grey, wtuse | hath sent luthor to countermand, and given yoa
turn was next, was led to the scaffold by a ' your lives. There was then no need to beg a
troop of the young courtiers, and was sup- ! plaudite of the audience, for it was given with
ported on both sides by two of his he-t friends ; such hues and cries, that it went from the castle
and coining in this equipage, had such gaiety into the town, and there begun afresh, as if
and cheer in his countenance, thnt he seemed there had been some uich like accident,
t dapper young bridegroom. At his first com- And this experience was made of the differ-
ing on the scaffold, he fell on his knees, and his ; ence of examples of justice and mercy ; that
preacher made a long prayer to the present in this last, no man could cry loud enough,
porpoae, which he seconded himself with one - * God save the Kirg ;' ami at the holding up
of his own making, which, for the phrase, was ; of Brookes's head, when the executioner began
somewhat affected, and suited to his other ' the same cry, he was not seconded by the
speeches; but, for the fashion, expressed the ; voice of any one man, but the sheriff. You
fervency and zeal of a religious spirit. In his
confession, he said, though God knew this fault
'•f his was fur from the greatest, yet he knew,
must think, if the spectators were so glad, the
actors were not sorry ; for even those that
went best resolved to death, were glad of life.
and could but acknowledge his heart to be Cobham vowed openly, if ever he proved traitor
fealty ; for which he asked pardon of the king; again, never so much as to beg his life ; and
tnd thereupon entered into a long prayer lor | Grey, that since he hud Ins life, without beg-
ti* king's good estate, which held us in the rain ging, he would deserve it. Markham returned
more than half an hour : but being come to a i with a merrier countenance than he came to
full point, the sheriff stayed him, and said, he \ the scaffold. Kaleigh, you must think (who
lad received orders from the king, to change : had a window opened that way), had hammers
the order of the execution, and that the lord working in his head, to beat out the meaning
Cobham was to go before him ; wheieupon he of this stratagem. His turn was to come on
w» likewise led to prince Arthur's hall, and ; Monday next; but the king has pardoned him
hi* going away seemed more strange unto him, | with tue rest, and confined him with the two
tbui his coming thither ; for he had no more ! lords to the Tower of London, there to remain
hope given him, than of an hour's respite ; i during pleasure. Markham, Brooks by and
tether could any iirm yet dive into the mystery , Copley, are to be banished the realm. This
ofthik strange proceeding. I resolution was taken by the king without man's
Tbelord Cobham, who was now to play his I help, and no man can rob him of the praise of
part, and by his former actions promised no- yesterday's action; for the lords knew no other,
thing but maticre pour rirc, did much co/en but that execution was to go forward, till the
tiie world ; tor became to the scaffold with : \ery hour it should be pe: formed; and thent
■:-xH assurance, and contempt of death. He calling ihem before him, he told them, how
«aid <omc short prayers after his minister, and much lie h.id been troubled to resolve in thin
so outpravetl the company that helped t » pray business; for to • xet'u'e Givy, who was a no-
»:tl» lam, that a stander-bv said, * He hid a ble voting, soiiited fellow, and -n\e Cobham*
good mouth in a cry, but was nothing single.' who was ;>s b:^eand unworthy, were a m.r.iner
Vwnr few word* he used, to ex pit**"* Ins soirow of mju>ti:e. To ».i\v (J rev, who wis of a proud
Mrhrt orient** to the king, and craved pardon insoknt nature, and execute Cobham, who had
«!* h.iu and the world : for s>ir Walter Raleijh, shewed great tokens of humility aid repent*
he t jok it, upon the hope of his Mini's reMir- ance, wv-re as gre.it a solecism ; and so went on
rertion. that what he had said of him was true; with Plutarch's comparisons in the rest, till
aad wit'i those words would hate t «ken a short travelling in contrarieties, but holding the con-
Urewel of the world, with that constancy and elusion in s > different balance, that the lords
bejdnefs, that we might see by him, it is an , knew not what to look tor till the end came
matter to die well than live well. i out. and therefore I have saved them all. The
■
.53] STATE TRIALS, 1 James I. 1603 — Trial of Sir Walter Raleigh, [50
miracle was as *reat there, as with us at Win-
chester, and it took like effect; for the applause
that be«_;:ui about the kiug. went from thence
into the presence, mid so round about the
court.
I send you a copy of the king's letter, which
was privately written the Wednesday night,
and the messenger dispatched the Thursday
about noon. But one thing bad Like to have
marred the play ; for the letter was closed, and
delivered him unsigned ; which the king remem-
bered himself, and called for him back again.
And at Winchester, there was another cross
adventure ; for John Gib could not get so near
the scaffold, that he could speak to the sheriff,
but was thrust out amongst the boys, and was
fain to call out to sir James Hayes, or else
Markham in in lit have lost his neck. There
were other by-passages, if I could readily call
them to mind ; but here is enough already for
tin petit mot de lettre, and therefore I bid you
heartily farewcl. From Salisbury this 11th of
Dec. 1603. Your's, &c.
Dudley Carlteon.
Account of the Guiana Expedition ; with a Character of Sir Walter Raleigh.
[Extracted from Howell's Familiar Letters, pp. 21, 3 b* 3.]
To Sir James Croft *, kt. at St. Osith.
«
The news that keeps greatest noise here
now, is the return of sir Walter Raleigh from
his Mine of Gold in Guiana, the South parts of
America, which <it first was like to be such a
hopeful boon Voyage, but it seems that that
golden mine is pro ted a mere Chimera, an ima-
ginary airy mine; and indeed his majesty had
never any other conceit of it: But what will
not one in captivity (as sir Walter was) pro-
mise, to regain his freedom ? who would not
promise ; not only mines, but mountains of
gold, for liberty ? and it is pity such a knowing
well-weighed Knight had not had a better for-
fortune; for the Destiny (I mean that brave ship
which l.e built himself of that name, that carried
him thither) is like to prove a Fatal Destiny to
him, and to some of the rest of those gallant Ad-
venturers which contributed for the setting forth
of 13 ships more, who were most of them his
kinsmen and younger brothers, being led into the
said Expedition by a general conceit the world
had of the wisdom of sir Walter Ualeigh ; and
many of these are like to make shipwreck of
their estates by this Voyage. Sir Walter land-
ed at. Plymouth, whence he thought to make an
escape ; and some say he hath tampered with
his body by physic, to make him look sickly,
thi.t he may be the more pitied, and permitted
to he in his own house. Count Goudamar the
.Spanish ambassador speaks high language ; and
sending lately to desire audience of his majesty,
he s.:i<i he had but one word to tell him; his
inaji&ty wondering what might be deliveied in
one word when became before hiiii, he said only,
* .Pirates, Pirates, Pirates,* and so departed.
It is true that he protested against this
Voyage before, and that it could not be hut for
some predatory design : And that if it he as I
hear, 1 fear it will go very ill with s>r Walter,
and that Gondamar will never give him over,
tdl he hath his head otf his shoulders ; which
may quickly be done, without any new Arraign-
ment, by virtue of the old Sentence that lies
still dormant against him, which he could never
get off by Pardon, notwithstanding that he
mainly laboured in it before he went : but his
majesty could never be brought to it, for be
•aid he would keep this as a curb to bold him
within the bounds of his commission, and the
good behaviour.
Goudamar cries out, that he hath broke the
sacred Peace betwixt the two kingdoms; That
he hath fired and plundered Santo Thoma, a
colony the Spaniards had planted with so much
blood, near under the line, which made it prove
such hot service unto him, and where, besides
others, he lost his eldest son in the action : And
could they have preserved the magazine of To-
bacco only, besides other t lungs in that town,
something might have been had to countervail
the charge of the Voyage. Gondamar al-
ledgeth farther, That the enterprize of the
Mine failing, he propounded to the rest of his
fleet to go and intercept some of the plate Ga-
leons, with oilier designs which would have
drawn after them apparent acts of hostility;
and so demands justice : besides other disasters
which fell out upon the dashing of the first de-
sign, captain Kentish, who was the main instru-
ment for discovery of the mine, pistoled himself
in a desperate mood of discontent in his cabin,
in the (Jonvertine.
This return of sir Walter R-deich from Gui-
ana, puts me in mind of a facetious tale I read
lately in Italian (for 1 have a little of that lan-
guage already; how Alphonso kiug of Naples
sent a Mmr, who had been his captive a long
time, to Barbary, with a considerable' sum of
money to buy horse*, and return by such a
time. Now there was about the king n kind of
Buffoon or jester, who had a taUe-book or
Journal, wheicin he was used to register any
absurdity, or impertinence, or merry passage
tutu happened upon the court. That day the
Moor wasdinpatched for Barbary, the said Jes-
ter waiting upon the king at supper, the king
called for his Journal, and asked what he had
observed that day j thereupon he produced his
Table-Book, and among other things, he read
how Alphonso king of Naples had sent Beltram
the Moor, who had been a long time his pri-
soner, to Morocco (his own country) with so
many thousand crowns, ro buy horses. The
king asked him why he inserted that ; Because,
said he, I think he will never come hack to be
a prisoner again, and so you have lost both man
and money. But if he do come, then your Jest
is marred, quoth tht king : ' No sir : for if ha
.i
«]
STATE TRIALS, I James I. l603.-^br High Tivason.
[58
return I will blot out your name, and put him
id for a fool/ The application is easy and ob-
vious : Bat the world wonders extremely, that
to great a wise man as sir Walter Raleigh
would return to cast himself upon so inevitable
a rocky as I fear he will ; and much more, that
such choice men, and so great a power of ships,
sfaoold all come home and do nothing/'
To the Honourable Matter Car. Ra.
u Sir;Whereas you seem to except against some-
thing in one letter that reflects upon sir Walter
Raleigh's voyage to Guiana, because I terra
the gold mine he wenl to discover, an airy and
suppositions mine, and so infer, that it touch-
ed) his honour ; truly, sir, I will deal clearly
with you in that point, that I never harboured
ia my brain the least thought to expose to the
world any thing that might prejudice, much less
traduce in the least degree that could be that
rare renowned knight, whose fame shall contend
in longevity with this Island itself, yea, with
that great World which he historiseth so gal-
lantly. I was a youth about the town when he
aodertook that expedition, and I remember
most men suspected that Mine then to be but
to imaginary politic thing; but at his return;
and missing of the enterprize, these suspicions
turned in most to real beliefs that it was no
ether. And K. James, in that Declaration
which he commanded to be printed and pub-
lished afterwards, touching the circumstance of
this action, (upon which my letter it grounded,
and which I have still by me) terms it no less.
And if we may not give fnith to such public re-
pd instruments, what shall we credit? Besides,
there goes another printed kind of remon-
strance annexed to that declaration, which in-
timates as much : and there is a worthy cap-
tain in this town, who was co-ad vent mer in
that expedition, who upon the storming of St.
Thomas, heard young Mr. Raleigh encouraging
his men in these words : Come on, my noble
hearts, this is the mine we come for ; and ihey
who think there is any other are fools. Add
hereunto, that sir Richard Raker, in his last
historical collections, intimates so much.
Therefoie, it was far f»on> being any opinion
broached by myself, or bottomed upon weak
pounds; for I was careful of nothing more,
than that those letters be'ng to breath o; en
air, should relate nothing but what should be
derived from good fountains. And truly, sir,
touching that apology of sir Walter Raleigh's
you write of, I never saw it, I am very sorry I
did not ; for it had let in more light upon me of
the carriage of that great action, and then you
miehl have been assured, that I would have done
that noble knight all the right that could be.
M But, sir, the several arguments that you urge
m your Letters are of that strength, I confess,
tint they are able to rectify any indhTerent man
in this point, and induce liim to believe that it
w«*ls ho chimera, but a real mine ; for you write*
of d i vera pieces of gold brought thence by sir
Walter himself, and capt. Kemy?, and of some
ingot* that were found in the governor's closet at
St. Thomas's, with divers crucibles, and other re-
fining instruments : yet, uudcr favour, that might
be, and the benefit not counteivail the charge,
for the richest mines that the king of Spain hath
upon the whole continent of America, which
are the mines of Potosi, yield him but six in the
hundred, all expences defrayed. You write
how K. James sent privately to sir Walter, be-
ing yet in the Tower, to in treat and command
him, that he would impart his whole design to
him under* his hand, promising upon the word
of a king to keep it secret; which being done
accordingly by sir Walter Raleigh, that very
original paper was found in the said Spanish
governor's closet at St. Thomas's : whereat, as
you have just cause to wonder, and admire the
activeness of the Spanish agents about our
court at that time, so I wonder no less at the
miscarriage of some of his late majesty's minis-
ters, who notwithstanding that he had passed
his royal word -to the contrary, yet they did
help Count Gondomar to that paper ; so that
the reproach lieth more upon the English than
the Spanish ministers in this particular. Where-
as you al ledge, that the dangerous sickness of sir
Walter being arrived near the place, and the
death of (that rare spark of courage) your brc—
ther, upon the first landing, with other circum-
stances, discouraged capt. Ketnys from discover-
ing the mine, but would reserve it for another
time ; I am content to give as much credit to
this as any man can ; as also that sir Walter, if
the rest of the fleet, according to his earnest
motion, had gone with him to revictual in Vir-
ginia, (a country where he had reason to be
welcome unto, being of his own discovery) he
had a purpose to return to Guiana the spring
following to pursue his first design. I am also
very willing to believe that it cost sir W. Ita-
leigh much more t» put himself in equipage for
that long intended Voyage, than would have
paid for his liberty, if he had gone about to pur-
chase it for* reward of money at home; though
I am not ignorant that many of the co-adven-
turers made large contributions, and the for-
tunes of some of them MiftV-r for it at this very
day. Hut although Gondomar, as my letter
mentions, calls Mr Walter Pirate, I tor my part
am far from thinking so ; because, a«» you give an
unanswerable reason, the plundering of St. Tho-
mas was an act done beyond the equator, where
the articles of peace betwixt the two kings do
not ext> nd. Yet, under favour, though he
broke not the peace, he was said to break his
patent by exceeding the bounds of his commis-
sion, as the foresaid declaration relates : For K.
James had made strong promis» s to Count
Gondomar, that this fleet should commit no
outrages upon the king of Spain's subjects by
land, unless they began first ; and 1 believe
that was the main cause of his death, though I
think if thry had proceeded that way against
him in a legal course of trial, he might have de-
fended himself well enough.
" Whereas you alledge, that if that action
had succeeded, and afterwards been wrll pro-
secuted, it might have brought Gondoniar's
50]
STATE TRIALS, 1 James I. 1G03.— Trial qf Sir Walter Raleigh.
[60
great catholic master to have been begged for
at the church-doors by friar?, as he was once
brought in the latter end of queen Elizabeth's
days : .1 believe it had much damnified him,
and interrupted him in the possession of his
West-Indie-*, but not brought hiin, under fa-
vour, to so low an ebb. I have observed, that
it is an ordinary thing in your popish countries,
for princes to borrow from the altar, when they
are reduced to any straits ; for they say, The
riches o( the church are to serve as anchors in
time of a storm. Divers of our kings have
done worse, by pawning their plate and jewels.
Whereas my letter make* mention that sir W.
Raleigh mainly laboured for his pardon before
he went, but could not compass it ; this is also
a passage in the foresaid printed relation : But
I could have wi>hed with all my heart he had
obtained it; for I believe, that neither the
transgression of his commission, nor any tiling
that he did beyond the Line, could have short-
ened the line of his life otlierwisc ; but in nil
probability we might have been happy in him | year came about, to be found clipping the
to this very day, having such an heroic heart
as he had, and other rare helps, by Ids great
knowledge, for the preservation of health.
I believe without any scruple what you write,
that sir Win. St. (iron made an overture to
hiin of procuring his paidun f<»r 1500/. but
whether he could have e: tec led it, 1 doubt a
little, when he had come to negotiate it reallv.
But I extremely womler how that old sentence
which had lain dormant above sixteen years
against sir W. Raleigh, could have been made
use of to take off his head afterwards, consider-
ing that the Lord Chancellor Vn-ulum, as you
write, told him positively (as sir Walter was
acquainting him with that proffer of sir Win.
St. Gcon for a pecuniary pardon) in these
words, Sir, the knee-timher of your voyage is
money ; spare your purse in this particular, for
upon my life you have a snlhrient pardon for
all that is passed already, the king having under
his broad-seal made you admiral of your fleet,
and given you power of the martial law over
your officers and soldiers. One would think
that by this royal patent, which gave hiin power
of life and death over the king's liege people,
sir W. Raleigh should become recltu itt cuiia,
and free from all old convictions. But, Mr, to
tell you the plain truth, count Oondoinar at
that time had a great stroke in our court, be-
cause there was more than a mere overture
of a match with Spain; which makes me apt
to believe, that that srreat wise knight being
such an anti-Spaniard, was made a sacrifice to
advance the matrimonial treaty. But I must
needs wonder, as you ju.stly t\o, that one and
the same man should be condemned for being a
friend to the Spaniard, (which was the ground
of his rir#t condemnation ) and afterwards lo^e
his head for being their enemy by the same sen-
tence. Touching his return, I must confess I
was utterly ignorant that those two noble
earls, Thomas of Arundel, and William of
Pembroke, were engaged for him in this parti-
cular ; nor doth tho printed relation make any
mention of them at all : Therefore I must say,
that envy herself must pronounce that return
of his, for the acquitting of his fiduciary
pledges, to be a most noble act ; and waiving
that of king Alphonso's Moor, I may more pro-
perly compare it to the act of that famous Ro-
man commander, Regulus, as I take ir, who to
keep his promise and faith, returned to his
enemies where he had been prisoner, though
he knew he went to an inevitable death. But
well did that faithless cunning knight, who be-
trayed sir W. Raleigh in his inteuded escape,
being come a-shore, fall to that contemptible
end, as to die a poor detracted beggar in the
isle of Lundey, having for a bag of money fal-
sified his faith, confirmed by the tie of the holy
saci Mincnt, as you write ; as also before tlie
same coin in the king's own house at White-
hall, which he had received as a reward for his
pcrtidinusness; for which being condemned to
be hanged, he was driven to sell himself to his
shirt, to purchase his pardon of two knights.
" And now, sir, let that glorious and gallant
cavalier sir W. Raleigh (w1m> lived long enough
for his own honour, though not for his country,
as it was said of a Roman consul) rest quietly
in his grave, and his virtues live in his posterity,
as 1 find tin v do strongly, and very eminently
in you. 1 have heard his enemies confess that
he was one of the wciiihiiest and wisest men
that this island ever bred. Mr. Nath. Carpen-
ter, a learned and judicious author, was not in
the wrong when he gave this discreet character,
of him : * Who hath not known or rend of this
prodigy of wit and fortune, sir Wulter Ra-
leigh, a man unfortunate in nothing else but
in the greatness of his wit and advancement,
whose eminent worth was iuch both in do-
mestic policy, foreign expeditions, and dis-
coveiies in arts and literature, both practick
and contemplative, that it might seem atonce
to conquer example and imitation !' "
See also " A Declaration of the demeanour
and carriage of sir Walter Raleigh, kut. as well
in his Voyage ns in and sithence his return, and
of tlu* true Moti\cs and Iuducemcu's which
occasion* d his majesty to proceed in doing
justice upon him as hath beea done. Printed
by the kings printers in loltt;" republished, 3
Ilarl. Mis. 1745: and '* A Brief Relation of sir
Walter UaleiidisTrouhlc*, with the taking away
the Lands and Castle of Sherhourn in Dorset,
from him and his heirs," 4 Harl. Mis. 57 ; and
for farther particulars the 2d Volume of Cay*
lev 's Life oi Sir Walter Raleigh may be cousulted.
61] STATE TRIALS, 1 Jamis I. 1603.— Trial of Sir Griffin MaMam, $c. [6<z
7J. The Trial of Sir Griffin Markham, knt. Sir Edward Par-
ham, knt. George Brooke, esq. Bartholomew Brookksby,
esq. Anthony Copley, William Watson, Priest; William
Clarke, Priest, for High Treason, at Winchester: 1 Jac. I.
Nov. 15, a.d. 1603. [From a MS. in the Bodleian Library,
Rotulae in Archivo. A. 3033. 44. 8.]
TlIE Commissioners were, the earl of Suffolk,
Lord-Chamberlain, Charles earl of Devonshire,
Henry lord Howard, Robert lord Cecil, Secre-
tory ; Edward lord Wotton, Comptroller; John
Stanhope, Knight and Chamberlain ; Lord-
Chief-Justice of England, Lord-Chief- Justice
of the Common-Pleas, Justice Gawdy, Justice
Waimedey, Justice War burton, sir William
Wade, knight.
On Tuesday the 15th of November, were
arraigned at Winchester, George Brooke, esq.
fir Griffin Markham, knight, Bartholomew
Brookesby, esq. Anthony Copley, gent. Wm.
Watson, priest ; Wm. Clarke, priest, and sir
Edward Parham, knt.
The Effect of the Isdtctment.
* For consulting with the lord Gray and
' others, traitorously to surprize the king and
1 y.nmg prince at Greenwich, to carry them to
4 the lower guarded with some, tliat after the
* daughter of many of the guards, should put
4 on the guards coats, and so bring them, send-
1 ir.g the Lord-Admiral before to signify the
' d stress where the king was, and escape be
* mule by the guards from Greenwich; i:nd
4 therefore desired to be taken in there for
' more safety. Which, if they could have cf-
1 Sertoli, the treasures i-.nd jewels in the Toner
* should serve the tu;*n .or th.* elloctmi: «»f their
* twiner purposes ; that some of thosie of the
' f-rhy-council, viz. the Lord-Chanceilor, trca-
* surer Cecil, Chief- Justice;, should be removed
1 a*!d cut off: and Mr. W.it.-on ;-hould be
* chancellor, Brooke lo.d treasurer, and Mnrk-
* fuin secretary ; Gray lord marshal and mar
' Ut of the horse, if the now muster of the
' horse were otherwise preferred ; but for the
1 iord-chie f-justiie no man named. If their
1 project for bringing them to the Tower failed,
1 then tu conwy the king to Dover, where
* George Brooke presumed upon hi* intereat
1 « ith Thomas Vands ; but Mr. Attorney jus-
' fitted hi* assurance of the lord Cobhiim. In
4 •.•'■£ of iher.e places they meant to lnve kept
' tie kin* for the space of thr.ee months, and
* ••; their first entrance, they should require
1 th?ee things. 1. A general pan ion of all
; th- :r purposes and intentions a&ahvtt the king
* Mil prince. '2. The kiiii: should yield to a
' toleration of religion; with an" equality of all
' <*o<iu<4etlors und other officer*, as well papists
4 ** protestants, within his court or otherwise.
' ."». That be should remove and cut off the
* fwre-mntioaed counsellors, and others who
* should be thought to hinder this designment,
' for which purpose Watson named Veale,
* alias Cole, to alledge sufficient matter against
' them. — And for the belter effecting of tins
* their purpose, Watson had devised under
* writing an oath should be administered for
1 the preservation of the king's person, for the
' advancement of the catholic religion, and for
' the concealing of all secrets that should be
' revealed unto them. That all the actions
' should be proceeded withal in the king's
' name, and they meant to send for the lord-
' mayor and aldermen of London, that the king
' would speak with them : whom they meant
4 to keep in safe custody, till they had deliver-
' ed hostages to them not to withstand their
' assignments, and to furnish them with all
* such necessaries as they should require from
* them. Watson was the villainous hatcher of
* these Treasons ; and Brooke, upon the leam-
' ing of then, was as eager a prosecutor; and
' the lord (Tray more eager and violent than
' he, purposing to make a suit to the king for
' carrying over a regiment for the relief of
1 Ostend, which he would have ready tor the
1 defence of his own person in this action, fear-
' ing the greatness of the catholic forces nc-
1 cording to the promises of George Brooke,
* Markham and Watson, and knowing not
' how he might he dealt withal amongst them/
Mr. George Brooke said little or nothing in
his own defence, only he made a ridiculous ar-
gument or two in the beginning: \iz. that,
that only could be the judge, and examiner of
any action, which was the rule of the action :
but the Common Law was not the rule of the
action, rrgo, it could not be judge or ruler of
the action : and therefore appealed to the per-
son of the king. 2. That the Commissioners
or Common Law had no authority over thcrn ;
because it is a maxim in the law, ejus esse con*
titmnare* cujus est abfoirere : but the Commou
Law could not absolve him, being guilty, there-
fore- could ijiit condemn him.
Air. Attorney to this would have answered
I particularly, but was by the Commissioners
and Judges willed to reduce himself to his own
element.
Loid Henry Howard undertaking to have
answered him, my L. C. Justice t'dd him, that
the Kin::, bv reason of his uiativ causes, had
man" under him to execute the 1 iw of justice;
but he kept, in his own hands the key of mercv,
either to bind or loose the proceedings, as in
his own princely wisdom he should think fit.
C3] . STAT^ TRIALS, 1 James I. 1603— fr/af qf Sir Griffin Markham, [61
Scotland and England in combustion ; and so
upon Cobhain's return out of Spain, to meet
Raleigh at the isle of Jersey, and so to put on
foot both titles, both within and without the
land.
Mr. George Brooke, after lib first arguments,
spake little or nothing for himself, more than
his own Confession led him otherwbiles to
excuse or qualify his own offence; only he
gave cast of a Letter, which, he said, he re-
ceived from his majesty, wherein he had liberty
and authority to deal in the sounding out of
these practices ; but neither at any nine be-
fore nor at his Arraignment, could shew the
said letter. And the king being by some of dm
Lords Commissioners questioned withal on that
point, requireih his Letter to be produced,
and deiiieih be wrote any such letter.
Sir Griffin Markham answered exceeding
well, and truly to all things ; denying nothing
for his fault of Treason ; but that he deserved
death upon the persuasion of Watson, by whom
he was misled, and assured that the king before
liis coronation was not an actual, but a political
king : only he desired to avoid the imputation
of effusion of blood in that enterprize, and (if
it were possible) the brand of a Traitor lor his
house and posterity, protesting how carders he
was of his own life, which he desired to he
exposed to any hazard or sacrifice (though it
was never so desperate;) which if the king
would not (in mercy) yield him, yet he desired
their lordships to be intercessors, that he might
die under the axe, and not by the halter.
Watson spake very absurdly and deceivingly,
without grace, or utterance, or good deliver-
ance ; which (added to his foresaid villainy)
made him more odious and contemptible to all
the hearers.
Clarke, the other Priest (mi excellent nim-
ble-tongued fellow), of good speech, more
honest in the carriage of the business, of an ex-
cellent wit and memory, boldly, and in well-
beseeming terms, uttering his mind, not unwil-
ling to die, but desireth to avoid the imputa-
tion of a traitor.
Copley, a man of a whining speech, but a
shrewd invention and resolution.
Brookesby drawn in merely by Watson to
take the Oath before-mentioned, for some of the
particularities, as the bringing the king to the
Tower for the advancement of Ucligion ; but
spake with nobody to incite them to the busi-
ness nor came himself according to his time ap-
pointed by Watson, the 23rd or 2 -1th of June,
but at that instant attended upon the queen.
Sir "Edward Par ham was also by that villain
Watbon dealt withal after he had tendered hiin
the oath to this purpose : that he understood
the lord Gray meant with forces to set upon
the king, and to surprize him, that against that
time, whether he would not draw his sword
against the lord Gray with the king'* servants
aud friends? And if the king's servants were
discomtited, whether with the rest of the Ca-
tholics he would not encounter the lord Gray,
aud if he could bring him to die Tower for his
Therefore said Mr. Attorney, you, Mr.
Brooke, professing yourself to be learned, cannot
be ignorant that both your ancestors have been,
and you must he liable and subject yourself to
the trial of the law of this nation, wherein you
were born, and under which you live, 6f igno-
lantia juris non esc u sat. These treasons were
termed by the lord Cobham ' The Bye/ as Mr.
George Brooke confessed to Watson aud the
lord Gray ; but, said he, Walter Raleigh* and
1 arc chanced at the Main. Whereupon Mr.
Attorney gave a touch of the Treasons of the
lord Cobham and Raleigh, who had procured
from A rem berg five or 600,000 crowns, to be
disposed by the lord Cobham, who should
therewith raise forces for the extirpation of
the King and his Cubbes, and putting both
* Sir John Hawles (Solicitor-General temp.
Will. 3.) in his reply to sir Bart. Shower's
" Magistracy and Government of England vin-
dicated, &c." pag. 32, says, the king came to
London in May, and in Joly following was the
pretended plot discovered ; and in November
following, the pretended delinquents were tried
at Winchester, together with Watson and
Clarke. Their Accusations were in general,
1. To set the Crown on the lady Arabella's
head, and to seize the king. 2. To have a
toleration of Religion. 3. To procure Aid and
assistance from foreign princes. 4. To turn
out of court such as they disliked, and place
themselves in otftces. — Of these the first Arti-
cle is Treason; what crimes the rest are, is
doubtfuL What of them was proved against
the lords Cobham and Gray, Watson and
Clarke, or how their Trials were managed, doth
not appear : but sir Walter Raleigh's Trial
does appear, and is much like the lord Russet's,
and therefore of some circumstances of it, I
think, it is fit to take notice. Instead of Con-
sults, &c. in the lord Russel's Trial, the cant
words of the surprizing the Bye, and the Main,
were made use of in sir Walter's, interprctable
as the Council thought fit ; at least it was asto-
nishing to the Jury, which was all that was de-
signed by the Council, and fatal to the pri-
soners. I have no mind to run through all the
ramble of sir Walter Raleigh's Trial, as it is
printed before his History of the World, be-
cause the parallel is too exact, and sticks too
close to the memory of persons gone : only 1
will say, That if sir Walter Raleigh was guilty
qf the thing he was accused of by the Witnesses,
though the accusation did not amount to a legal
proof, it was Iliuh-Treason ; but if the lord
Russel was guilty of the^hing he was accused
of, he was not guilty of High-Treason." — And
the same author, says, p. 35, " I think it is
plain at this duy, that of sir Walter Raleigh's
is thought a sham Plot ; what the lord Russel's
is thought, let the author say, I am loath to enu-
merate all, but if any person will give himself
the tro'ible of reading and comparing the
Trial of the lord Rustri with that of»ir Waiter
Raleigh, they will find them exactly parallel in
a number of other particuhirs."
<fc]
STATE TRIALS, 1 James I. 1 603. —and others, for High Treason.
[66
relief and the advancement of the Catholic
rehgion ?
far ham told him, that he would so, if he was
persuaded that bis intendment of the lord
Gray were true, which at that time Watson
could not assure him of; for he did but hear
of so much : but said he, when I have better
assurance thereof, which will be within these
three davs, you shall further hear of me. He
laying the time, Watson came not, and so
P*j ham's proceedings went no further : but
bang urged in the point for bringing the king
to the Tower, for the advancement of the Ca-
tholic religion, he said, he *aade no doubt, but
ttat he with others, adventuring ther lives for
the rescuing the king from the lord Gray, and
bringing him for his safety to the Tower, this
then Mould not but merit some grace from the
king, for the advancement of the Catholic
rthiion.
Sir Francis Ihircy being Foreman of the
Jury, and excellently commended for this day's
carriage and behaviour, made two or three
doubt* concerning Mr Edward Parhaui's Case,
and received lesoiution from the Bench in some
points, and the rest left to his conscience and
understanding, vent with the rest of the Jury,
and found all Guilty, saving Parham, and so
he«.i» discharged ; and upon the rest Sentence
«4' death ivus pronounced by the Lord-Chief-
Jtfetice.
The Copie of a Letter written from master
1. M. net re Salisbury, to Master II. A. at
l»iid'>ii. concerning the Proceeding at Win-
chester ; where the l.ue lord Cobham, lord
Gray, and sir Griniu Mark ham, all attainted
of hie Treason, were ready to be executed,
ou Friday the 9th of Dec. 1603. At which
time his majesties Warrant, all written with
his own hand, (whereof the true Copie is,
here annexed) was deliuered to sir lien-
jaroiu Tichboume, High She ri lie of Hamp-
shire, commanding him to suspend their
execution till further order. Imprinted at
Loudon, 1603.
Sr; I hauc receiued a letter from you; hv
*uch I perceiue howe much you desire to be*
particularly enfourmed of the cause and man-
J*r of i he stay of the late lord CobhanYs, lord
Onne's, and sir Grirtiii Mark ham's Execution,
^pointed at Winchester; wherein, although
there are many better able to discourse at large
o;' -iic li an action then myselfe, yet 1 conceiue
*hen you ha\e perused this plaine and true
relation, of that which all men there behelde
t .at day, and many more since haue heard,
t: »m persons of the best qualitie mid know-
kfl*e, you will thaiike me more, for 6utferiii£
On- trueth to stiew itself vuclothed, then if I had
laboured to haue deliuered you a tale well
painted with curious words and tine phrases. —
Yen mu-t therefore vnderbtand, that as sonne
t* the Arraignments were passed at Win-
ttatter, his majesties Priue-couiisel (to the
Dumber of 14 or 15, of which companie all of
ttan had cither bctae trycrs of the noblemen
f OU II.
as their peers, or sitten as high Commissioners
vpon the gentlemen) were called before his
majestic (in his* Priue-chamber, at Wilton,
where he commanded them to deliuer (w ithout
respect to any per>on) the true narration onely ;
of the order in the Trial! ot these persons that
had beene condemned by the law t, and of the
nature and degree of their offences, as had ap-
peared in euery one of them, by their seucral
answeres. — Ail which being cleerely and justly
reported by them (each speaking in the hearing
of the rest) his majestie . for his part, used'
himself so grauely and reseruedly in all his
speeches, as well to themselues at that time, as
also to all other persons after, in priuate or
publique, us neither any of his priue-counself,
nobilitir, or any that attended ueerest to his
sacred person, durst presume to mediate for
any, or so much as to enquire what should
be the conclusion of this proceeding.
In the meane tune, while the Court was full
of uariety of discourse, some speaking out of
probabilirie, others arguing out ol desin , what
was like to be (he fortune ot all, or of any of these
Offend ours, his majestic hauing concluded
onely in his own secret heart (which is the true
oracle of tjrace and know ledge) in what manner
to proceed ; and that without asking counsel
of any earthly person it pleased him to rcsolue
between e God and i.imselfe, that their execu-
tion should be staved, euen at the instant
when the axe should be layde to the trees
routes. For the seciet and orderly caniage
whereof, his majestie wa* careful to preuent all
cause or colour ot' suspicion, of that judicious,
joyall, and vuexpected course which followed.
And therefore, after the two Priests were exe-
cuted, on Tuesday the 29th of Nov. and master
George Brooke on Monday following, his' ma-
jestie on the same day, being the 1st of Dec.
signed three Warrants, for the execution of the
late lord Cobham, l«»rd Gray, and sir Grirtin
Markham, knt. with particular direction to the
She ride, to performe it ou Friday after, before
ten a clockc in the morning. — All these direc-
tions being now become notorious, both by
the Writs of Execution (which passed voder
the great seale) and by the making rcadie the
Scaffolds at Winchester, his majestie uery
secretly (as now appeareth by the sequele)
drewe himselfe into his cabinet, on Wednesday
befoie the day of execution, and there pi in ate ly
framed a Wurrant, written all with his own
hand, to the Sheriffe, by venue whereof he
countermaunded all the former directions, al-
ledgiug the Reasons therein mentioned. Of
which seeing no man's pen can so well expresse,
as his owne, 1 ^end you the Copie verbatim,
as 1 took it out of the originnll, which many
read in my cousin sir Benjamin Tichbourne's
hand.
And now to come to the ordering of this bu-
sine«se ; among many other circumstances, it
is uery remarkable, with what discretion and
foresight that person was elected, which must
be vsed in carriage of the Warrant. First, his
majestie resolved it sh6uld be a Scoti
67] STATE TRIALS, 1 James I. 1303.— Trial of Sir G. Marlham, and others. [68
being thereby like to be freest from particular
dependeucie vpon any nobleman, counsellors,
or others, their friends or ailyes. Next bee
re^olued, to send a man of no cxtraordinnric
ranke, because the stnndrrs-by should not ob-
serue any alteration, nor the delinquents thcin-
selves should take any apprehension of such a
man's being there at that time : this being his
mujt'!>?ies speciall de*ire, that euery one of
them (being scucrully brought vpon the teat-
fold) might quietly breath foorih their last
wordes, and true Confession of his secret est
conscience. An J so, to be short, his majestic
made choice of Mr. John Gibb, a Scottish man,
as aforesaid, a man that had never dealt with
any counsellor, or other, for suite or businesse,
but one that had, vyithiu short while after the
Line's first en trie, bene sent backe into Scot-
land, from whence he was but freshly arriued
at Wilton, some fewe dayes before.
This party being by the king approoued for
au ancient, trust ie, and secret seruant, as a
groome of his majesties bed-chamber, and a
man, as is said be- fore, little knowen, and less
hound to any subject in England for any bene-
fit, receiuing the Warrant secretly, on Thurs-
day, from thtt king's owne hand, mid telling his
fellowes (who would otherwise bane missed
him) that he must lie that night at Salisbury
vpon some priuate businesse of his owne, lie
rode directly to- Winchester, and there, keeping
himselfe priuate all night, rose earely in the
morning on Friday, and went obscurely to the
Castle-grccne, where the people Hocking in all
the morning, as the time die we nccre, he put
himselfe with the throng, close by the Scallold,
and there leaned till the Sheritie brought up
sir Griffin Mark ham to the place, who was the
man appointed fir^t to die.
There the sayd tir Griftin Markham, hauing
ended his pmyer, and made himselfe rcadic to
kneele downc,. Mr. John Gibb finding it fit
time, while the axe was preparing, to giue some
secret notice of his charge, called to my cousin
Tichbourne, the Sheriffc, to speakc with him,
and then dcliuered him (prinatciy) his majesties
Warrant, with further direction.-) ucrbally, how
lie should vse it.
Herevpon the Shcriife, perreiuing fully his
majesties intention, so wuiily and discreetly
marshalled the matter, ns bee ouely called sir
G rutin Markham vuto Lira on the Scallold,
and told him, that he must withdraw him>elfe
into the Hall, to be confronted (before his
death) before those two lords, that were to
follow him, about some points that did concern
his majesties seruice ; and so carrying Mark-
ham into the Hall, lie left him there, and went
vp hastily, tor the lord Gray, to the Castle,
Mho Icing likewise brought vp to the Scaffold,
and suffered to powre out hi* prayers to God,
at great length, mid to make his last Confes-
sion, as he would answer? it upon bis soule,
when he was reodie to kneele downe, to rtcciue
the stroke of death, Master Sheritie caused
him to stay, and told him that he must goe
4owae for a while into the Hull, where finding
sir Griffin Markham, he willed him to tarry
them till he returned.
La.?t of all, he" went for the lord Cobham,
who bluing also ended his deuotion to God,
and making himselfe ready to receiue the same
blowt the Sheriflv finding the time come to pub-
lish the king's mercie to the worlde, and to re-
uealc his mysterie, he caused both the lord
Gray and sir Griffin Markham to be brought
backe to the Scaffold, and there, before thein
all three that were condemned, and in the
hearing of all the company, notified his majes-
ties Warrant, by which lie was authorised to
stay the Execution. Wliich strange srnd vn-
deserved grace and mercie, proceeding from a
prince, so deeply wounded without cause, or
colour of cause giuen by himselfe toward them
in any thing, but meerely contrary (to both
the loids especially) bred in the hearts, as well
of the offenders ^is of the standers-by, such/
sundry passions, according to the diuers tem-
pers of their minds, as to some that shall re-
ceiue those things by report, which others did
behold with their eyes, my relation may rather
seeme to be a description of some ancient His-
tory, expressed in a well-acted comedy, than
that it was euer possible for any other man to
represent, at one time, in a matter of this con-
sequence, so many liuely figures of justice and
mercy in a king, of terror and penitence in of-
fenders, and of so great admiration and ap-
plause in ail others, as appeared in this ac-
tion, carried only and wholly by his majesties
owne direction.
The lord Co Mi am (holding his hand to hea-
ucn) applauded this incomparable mercie of so
gracious a soueraigne, nggrauating his owne
fault, by comparing it with the princes clemen-
cie, wishing confusion to all men uliue, that
should euer thinke a thought against such a
prince, as neither gnue cause of offence, nor
tooke reuenge of ingratitude.
The lord Gray, finding in what measure tliis
rare king had rewarded good for euill, and for-
borne to make him an example of discounige-
ment and terror to all men that hereafter might
attempt to break the bonds of loyalty, vpon
the passions of any ambition, began to sob and
weep for a great while, with most deep contri-
tion, protesting now, that such was his zeale
and desire to redevme his fault by any meaues
of satisfaction, as he could easily sacrifice? his
life, to pseuent the lo?sc of one finger of that
myall hand, that had dealt so mercifully with
hiin, when he least looked for it.
Sir Griliin Markham (standing like a man
astonished) did nothing but admire and pray.
The people that were present witnessed, by in-
finite applause and shouting, the joy and com-
fort which they took in these wonderful 1 effects
of grace and mercy, from a prince whonie God
bad inspired with so many royal I gifts for their
conseruation, and would conserue for his owne
glorie.
The crie being carried out of the Castle-
gutes into the town, was nut onely sounded with
acclamation of all sexes, qualities and ajfcctioa,
69]
STATE TRIALS, 1 James I. 1004.— Hampton Court Conference.
[70
but the true report, diuulged since in ail partes,
hath bred ill live %voon>t disposed mindes, such
remorse of iniquitie, in ihe best such incourage-
loejit to loyaltie, and iu those that are indif-
ferent such feare to offend, and generally such
affection to his majesties person, as persuades
the v\ hole world, that Sat ban hiinselfe can neuer
so far prevail with any, as to make them lift vp
their hearts or hands against a prince, from
whom they receiue such true effects of j ustice
sod goodness.
To concluue, therefore, I haue now done
my best to satisfy your desire, though I feele
to my grlefe, how short I come to my own wish ;
because I would haue expressed to the life, it'
khud been possible, both the matter and the
forme of this. proceeding; of both which the
wisest men, that haue seene and vnderstoode
all particular circumstances, are at the eude of
their wits, to giue an absolute censure, whether
of them both deserue greater recommendation :
this being most assured, that there is no record
extant, wherein so great wisdome and vnder-
staodinge, so solid judgement, so perfect a re-
solution, to giue way to no request, or media-
tion: so inscrutable a heart, so royall and
equal a tempered mercie, after so clear and
publike justice, haue euer concurred so de-
monstratiuely as in this late action, wherein
this blessed king hath not proceeded after the
manner of men and of kings, Sed calrstis Ju-
dtcisy eternique Regis more, whereof he shall
I* most assured to reapc these tasting fruitcs,
ofbeiog beloued and feared of all men, obeyed
with comfort, and serued with continual! joy
and admiration. And so forbearing to hold
you any longer at this time, I end. From my
house, neere Salisbury, the 15th of Dec. 1(303.
Your lovin cousin and friend, T. M.
His Majesties Warrant, written with his own
hand.
' Although it be true, that all veil gouerntd
' and flourishing kingdoiues and common
' ?t alt his are established by iustice, and that
1 these tuo noblemen by birthe, that aire nou
* upon the point of Execution, aire for thair
* treasonable practices coudemnid by tlie lawe,
' and adiudgit worthy of the Execution thaireof,
' to the example and terror of utheris; the one
' of thaim hailing filthily practised the ouer-
' tlirow of the quhole kingdome, and the other
'for the surpri;>e of our owin personne; yet
' in regaird that this is the fimt yeere of out
' raignc, in this kingdome, and that neuer king
' was so kirre oblisheid to his people as ve haue
' bene to this, by our entrie heere with so
4 hairtie and generall an applause of all sorts ;
' among quhom all the kinne, friend is, and allies
i of the saidis condemnid personnis vaire as
* ibrduart and duetifuil as any other our good
* subjects, as also that at the very time of thair
' arraineincnt none did more freely and reddily
* giue thair assent to their conuiction, and to
' deliuer thaim into the hand is of iustice, then
' so many of thair neerest kinsmen and allies
' (as being peeris) vaiere vpon thair iurie; as
' likeuaise in regard that iustice hath in some
* sort gottin course akeadie, by the execution
' of the tuo priestis, and George Brooke, that
* vaire the principall plotteris and intisuirs of
' all the rest, to tl»e embracing of the saiddrs
* treasoirahill machinations; vee thai r fore (be-
* ing resoluid to mix clemencie with iustice)
' aire contented, and by these presentis com-
' inand you, our sheriffe of Hampshire, to su-
* perseide the execution of the saidis tuo noblc-
' men, and to take thaim backe to thair pri>on
* agaiue, quhile our further pleasure be knowin.
' And since vee vill not haue our lawis to haue
' respect to personnis, in spairing the great, and
' sirikking the meaner sort; it is our pleasure,
( that the like course be also taken with Mark-
' ham, bestir sorry from our hairt, that such is,
* not only tne hey nous naiure of the saidis con-
* demnid personnis crime, but euen the corrupt
' .tion is so great of thair n at u rail disposition, as
' the care vee haue for the safety and quiet of
* our state, and good subiectis, vill not permit
* vs to vse that ciemencie tovardis thaim,
i quhich, in our owin natural! inclination, vee
' micht very easily be persuadit vnto.'
76. Proceedings in a Conference at Hampton Court, respecting
11efor3i a tion of the Church :* 1 Jac. a. d. 1G04. [Fullers
Church Hist. 673. 2 Neal. 5. 2 Kcnnett's Com pi. Hist. 665.]
A.XD now, because there was a general ex-
pectation of o parliament, suddenly to suc-
ceed, the Presbyterian party, that they might
not be surprised, before they had their tackling
about them, went about to get hands of the mi-
• Bishop Kennett says, " This Conference
at lUuipton -Court was but a blind to introduce
Episcopacy in Scotland, all the Scotch noble-
men then at Court being designed to be pre-
sent, and others, both noblemen and ministers,
. being called up from Scotland to assist at it, by
the Km|> Letter.
nisters to a petition, which they intended sea-
sonably to present to the king and parliament.
Mr. Arthur Hilder*hum,und Sir. Stephen E^er-
ton, with some others were chosen, and chiefly
intrusted to manage this important business.
This was culled The Millenary Petition,* as,
One of a thousand, though indeed there wcie
but seven hundred and fifty preachers hands set
thereunto : lait those all collected only out of
five and twenty counties. However, for the
* The Petition is inserted at the eud of tlie
proceedings at this Conference.
?1]
STATE TRIALS, 1 James I. 100+.— Hampton Court Conference,
[72
more rotundity of the number, and grace of the
matter, it pnsseth for ti full thousand ; which,
no doubt, the collectors of the names (it* so
pleased) might easily have compleated. I dare
not guess what made them desist before their
number was finished ; whether they thought
that these were enough to do the deed, and
more were rather for ostentation than use; or,
because disheartened by the intervening of the
Hampton-court Conference, they thought, that
these were even too many to petition tor a de-
nial. It is left as yet uncertain, whether this
Conference was by the kind's favour graciously
tendered, or by the mediation of the lords of
his council powerfully procured ; or by the bi-
shops, as confident of their cause, voluntarily
proffered; or by the ministers importunity ef-
fectual I v obrained. Each opinion pretends to
probability, but the Ian most likely. And, by
what means soever this Conference was com-
passed, Hampton-court was the Place, the 11th
of January the time, and the following Names
the peipous which were employed i hen in.
For Conformity. — Archbishop of Cantcr-
buiy, Whitgift. — Bishops of London, Bancroft;
Durham, Mathew; W inches' er, Bilson ; Wor-
cester, Babiugton ; St. David's, Rudd; Chi-
chester, Watson ; Carlisle, Robinson; Peter-
borough, Dove. — Deans of the Chapel ;* Christ-
Church; Worcester; Westminster, Andreses;
St. Paul's, Ovcr.ill ; Chester, Barlow ; Salisbury,
Bridges ; Windsor. — Drs. Field ; hint:.
Moderator, king James. — Spectators, AH the
Lords of the Privy Council, whereas some at
times, interposed a few words. — Plaoe, A with-
drawing room within (he Privy chamber.
Against Conioiimiiy, Doctors Reynolds;
Sparks. — Messrs. Knewstul>s; Chaderton. —
These remaining in a room without, were not
called in the first day.
.- To omit all gratulatory preambles, as neces-
sary, when spoken, as needless, if now repeated,
we will present only the substance of this day's
Conference, his majesty thus beginning it :
His Alujvsttf. It is no novel device, but ac-
cording to the example ot all Christian princes,
f«>rkiii«:s to take the first course for the establish-
ing ol the Church, both in doctrine and policy.
To this the \ cry Heathen re!a*ed in their pro\erb,
a J..vc principtum, particilarlv in this land, king
where I sit amongst grave, learned, and reve-
rend men, not as before, else w I it re, a king
■without state, without honour, * it bout order,
where beardless boys would brave us to the face.
—And I assure you, we have not called this
Assembly tor any innovation, for we acknow-
lege the government ecclesiastical, as now it i«t
to have been approved by manifold blessing
from God himself, both for the increase of the
Gospel, and with a most happy and glorious
peace. Yet because nothing can be so ahso*
lntely ordered, but that -something may be added
thereunto, aud corruption in any state (as in the
body of man) w ill insensibly grow cither through
time or persons; and because we, have received
many complaints since our first entrance into
tins kingdom of many disorders, and much dis-
obedience to the laws, with a great falling away
to popery ; our purj>ose therefore is, like a good
physician, to examine and tiy the complaint?,
and fully to remove the occasions thereof, if
scandalous; cure them, if dangerous; and take
knowledge of them, if but frivolous, therchv to
cast a sop into Cerbcrus's mouth, that he bark
no more. For this cau«>e we have called von
bishops and deans in, severally by yourselves,
not to be confronted by the contrary opponents,
that if any thing should be found meet to be re-
dressed, it might be done without any visible
alteration. — Particularly there be some special
points wherein 1 desire to be satisfied, and which
may be reduced to three heads: 1. Concerning
the Book of Common-prayer, and divine ser-
vice used in the Church. 2. Excommunication
in ecclesiastical courts. 3. The providing of
fit and able minister* for Ireland. In the Coin-
mon-nraver Book I reouire satisfaction about
three things: — First about Confirmation : For
the vciy uame thereof, if arguing a Continuing
of Baptism, as if this sacrament without it it ere
of no validity, is plainly blasphemous. For
though at the first use thereof in the Chinch, it
was thought necessarv, that baptised infanK,
who fonnerlv had answeied hv then natriu',
should, when come to years of riiscn lion, after
their profession marie bv themst Ives, be con-
tinued with the blessing of the bishop, 1 abhor
the abtt«.e where. u it iv made a sacrament, or cor-
rohoratiiu to B-tptism. — As for Ahsoiutim. I
know not how it is used in our Church, but
lleiirv the f!t!», towards the end of his reign, al- i have heard it likened to the pope's p.irdons.
tried much, king Edward the tith m» re, ipiern
Mary reversed all, and lastly, rjii«en Elizabeth,
(of famous iin inorv) st'tth'd r-vligio'i as uow it
There be indeed two knd-. thereof from <«od :
O ic general, all prayer* "ii 1 preaching nnj.oit-
ing :m Absolution. I he o'her particular to
etandeth. — Hen in I am haj pier than they, be- \ sptcial parties, having committed a sc.und:il, and
caiof they were tain to aiter all things they
found established, whereas I -see yet no such
cause to change, as confirm what I find well
settled already. For hhvid be God's gracious
goodness, who hath brought me into the pio-
mised Lund, wheie religiiu is purely professed,
* Though all these Deans were summoned
by letters, "and present in the Presence-cham-
ber; yet only five, (viz. of the ChapcL.VVett-
niinster, Paul's, Chester and Salisbury) on the
first day were called ia.
repenting: otherwise, when Excommunication
piccedes not, in my judgment there neels no
Absolution. — Private Baptism is the third thing
whereiu I wV.uld he satisfied in the Common-
prayer: If called privati l.omthr place, I think
it agreeable with the* use of the pi motive Church ;
but. if tinned private, that any, besides a law-
ful minister, may baptise, I utterly dislike it.
[And here his Majesty grew somewhat earnest
in his expressions, against the baptising by wo-
men and bucks.]
" In the secoud Head of Excommunication,
73] STATE TRIALS, 1 Jamrs I. 1604.— respecting Reformation of the Church. [74
I offer two things to be considered of: first the
Mutter, secondly the Person*, lor the first, I
would be satisfied, whether it be executed (as
it is complained of to me) in light causes, and
that too commonly, which causeth the under-
valuing thereof. For the Person-, I would be
resolved, why Chancellors and Commissaries,'
bring laymen, should do it, and not rather the
bishops themselves, or some minister of gravity
and account, deputed by them for the more
dignity to so high and weighty a censure. As
for providing ministers for Ireland, I shall refer
it in the hist days Conference to a consultation.
* _
Abp. of Canterbury. Confirmation hath
b^f n u*ed in the Catholic Church ever since
the Apostles; and it is a very untrue suggestion
(if any have informed your highness) that the
Church of England holds Baptism imperfect
without it, as adding to the virtue and strength
thereof.
huhop of London. The authority of Con-
firmation depends not only on antiquity, and
the practice of the Primitive Church, but is an
Apostolical Institution, named in express words,
Hcb. vi. 2. and so did Air. Calvin expound the
very place, earnestly wishing the restitution
thereof in the reformed Churches. [The bishop
of Carlisle is said gravely and learnedly to have
urged the same, and the bishop of Durham
noted something out of S. Matthew for the in-
position of hands on children.]
The conclusion was this, For the fuller explana-
tion that we make Confirmation, neither a Sa-
crament nor a Corroboration thereof, their
lordships should consider whether it might not
without alteration (whereof his majesty was
still very wary) be intituled an Examination
with a Confirmation.
Abp. of C. As for the point of Absolution
(•herein your majesty desires satisfaction) it is
clear from all abu>e or superstition, as it is used
in our Church of England, as will appear on
the reading both of the Confession and Abso-
lution following it, in the beginning of the Com-
munion book. [Here the king perused both,
and returned]
His Mj. I like, and approve them, finding
it to be very true what you say.
Bp. of hand. It becometh us to deal plainly
with your Majesty. There is also in the book
a more particular and personal Absolution in
the Visitation of the Sick; [Here the dean of
the chapel turned unto it and read it.]
Bp. of Jjond. Not only the confessions of
Augusta, Boheme,«nd Saxon, retain and allow
it, but Mr. Calvin also doth approve, both such
a general, and such a private (for so he terms
it) Confe^ion and Absolution.
His Maj. I exceedingly well approve it,
being an Apostolical and Godly Ordinance,
given in the name of Christ, to one that desireth
it, upon the clearing of his conscience.
The conclusion was this, That the bishops
should consult, whether unto the rubric of the
general Absolution, these words, Remission of
fcins, might not lie added for explanation sake.
Abp. ofC. To the point of Private Baptism,
the administration thereof by women and lay-
persons is not allow ed in the practise of the
Church, but enquhed of, and censured by
bishops in their visitations.
His Mai. The words of the Book cannot
but intend a permission of women and private
persons to baptise.
Bp. of Wore. The doubtful words. may be
pressed to that meaning ; yet the Compilers of
the Book did not so intend them, as appeareth
by i heir contrary practice. But they pro-
pounded them ambiguously, because otherwise
(perhaps) the Book would not (then) have
passed the parliament.
Bp. of Lond. Those reverend men intended
not by ambiguous terms to deceive any, but
thereby intended a permission of private per*
sons to baptise, in case of necessity. Tins is
agreeable to the practice of the ancient Church,
Act. ii. when three thousand being baptised in
a day, (which for the Apostles alone to do,
was [at the least] improbable) some being
neither priests nor bishops, must be presumed
employed therein, and some Fathois arc of the
same opinion. Here he spake much, and ear*
nest I v about the necessity of Baptism.
His Maj. That in the Acts was an act ex-
traordinary, and done before a Church was
settled and grounded, wherefore no sound rea-
soning thence to a Church established and
flourishing. I maintain the necessity of Bap-
tism, and always thought the place John iii. 5.
" Except one be bom again of water,*' &c.
was meant thereof. It may seem strange to
you, my lords, that I think you in England give
too much to Baptism, seeing fourteen months
ago in Scotland, I argued with my divines
there, for attributing too little unto it ; Inso-
much that a pert minister asked me, if I thought
Baptism so necessary, that, it omitted, the child
should be damned. 1 answered, no: But if
you, called to baptise a child, though privately,
refuse to come, I think you shall be damned.—
But, this necessity of Baptism I so understand,
that it is necessary to be had, if lawfully to be
had, that is, ministered by lawful ministers, by
whom alone, and no private person in any case,
it may be administered : though I utterly dis-
like ail lle-haptization on those whom women
or laics have baptised.
Bp, if Winch. To deny private persons to
baptise in case of necessity, were to cross all
antiquity, and the common practice of the
Church, it being a rule agreed on amongst
divine*, that the miuister is not of the essence
of »he sacrament.
Hi* maj. Though he be not of the essence of
the sacrament, yet is be of the essence of the
right, and lawful ministry thereof, according to
Christ's commission to his disciples, '* Go
preach and baptihe," &c.
The result was this, To consult, whether in
the rubric of Private Baptism, which leaves it
indifferently to all, these words, Curate, or law-
ful Miuister, may not be inserted. — For the
point of Excommunication, his mojesty pro-
pounded, whether in causes of lesser moment
»«
STATE TRIALS, 1 James I. 1 60*.— Hampton Court Conference,
[70
the name might not be altered, and the same
censure retained. Secondly, whether in place
thereof unother coercion, equivalent thereunto,
mi^lil not be invented? Which all sides easily
Yielded unto, as long and often desired; and
to was the end of tiie first day's Conference.
On Monday Jan. 10, thev all met in the
same place, with all the diuns and doctors
above n j cm ion ed ; (I'atricL Galloway, minister
of Perth iu Scotland, admitted also to be there)
And hopeful prince Henry sat on a stool by his
father. The king made a pithy Speech to* the
same purpose which lie made the first day, dif-
fering only in the conclusion thereof, being an
address to the four opposers of conformity, there
present, whom lie understood the most grave,
learned, and modest of the aggrieved sort, pro-
fessing himself ready to hear at large what they
could object, and willed them to begin.
Dr. Kcyn. All tilings disliked or questioned,
may be reduced to the be four heads ;
1. That the Doctrine of the Church might
be preserved in purity, according to God's
Word. — 2. That good pastors might be planted
in all Churches to preach the same. — 3. That
the Church- government might be sincerely
ministered according to God's Word. — 4. That
the Book of Common- Prayer might be fitted to
more increase of piety. — For the first, may
your majesty be pleased, that the Book of Ar-
ticles ot Religion concluded on 15612, may be
explained where obscure, enlarged where de-
fective, \iz. Whereas it is said, Art. 16. "Af-
ter we have received the Holy Ghost, we may
depart from grace." Those words may be ex-
plained with this or the like addition. Vet nei-
ther totally, nor finally. To which end it would
do very well, if the nine orthodoxnl Assertions,
concluded on at Lambeth, might be inserted
into the Book of Articics.---Sccondly, whereas
it is said in the 23rd article, " that it is not
lawful for any iu the congregation to preach,
before he be lawfully called:" these words
ou^ht to be altered, because implying one out
of the congregation may preach,' though not
lawfully called. — Thirdly, in the 25th article
there scemeth a contradiction, one passage
therein confessing Confirmation, to be a de-
praved imitation of the Apostles, and another
grounding it on their example.
Bp, of Land. May your majesty be pleased,
that the ancient Canon may he remembered,
Schismatici contra Episcopox nun sunt uutli-
endi. And, there is unother Decree of n very
ancient council, That no man should he ad-
mitted to speak against that where unto he h:ith
formerly subscribed. — And ns for you doctor
Reynolds, and your sociatcs, how much are ye
bound to his majesty's clemency, permitting
you contrary to the statute 1 Eliz. so freely to
hpeak against the Liturgy, and Discipline esta-
blished. Fain would I know the end you aim at,
and whether you be not of Mr. Cartwright's
mind, who affirmed, that we ought in ceremo-
nies rather to conform to the Turks than to the
Papists. 1 doubt you approve his position, be-
came here appearing before hit majesty in
Turkey-gowns, not in your scholastic habits, ao
cording to the order of the universities.
His Majesty. My Lord Bishop, something
iu your passion I may excuse, and somt thing f
must, imslike. I may excuse you thus tar,
That I think you liuve just cause to be moved,
in respect that they traduce the well-settled go-
vernment, and also proceed in so indirect a
course, contrary to their own pretence, and the
intent of this meeting. 1 mislike your s>uddeu
interruption of doctor Reynolds, whom you
slipuld have suffered to have taken his liberty;
For, there is no order, nor. can be any ctlec-
tual issue of disputation, if each parly he not
suffered, without chopping, to speak at lar^e*
Wherefore, cither let the doctor proceed, or
frame your answer to his motions already made,
although some of them arc very needlets.
Bp. of Land. Upon the first motion con-
cerning Falling from Grace, may your majesty
be pleaded to consider how many in these days
neglect holiness of hie, presuming on persisting
in Grace upon Predestination, " If I shall be
saved, I slrdl be saved." A desperate doctrine,
contrary to good divinity, wherein we should rea-
son rutlier asetndendo than descendendo, from
our obedience to God, and love to our neigh-
bour, tc our election and predestination. As
for the Doctrine of the Church of England,
touching Predestination, it is in the very next
paragraph, viz. " We ritust receive God's pro-
mises in such wi.se as they be generally set forth
to us in Holy Scripture, and m our doings the
will of God is to be followed, which we have
expressly declared unto us iu the Word of
God."
His Majesty. I approve it very well, as
consonant with the place of Paul, " Work out
vour salvation with fear and trembling." Yet
let it be considered of, whether any thing were
meet to be added for clearing of die doctor's
doubt,- by putting in the word often, or the like.
Mean time, I wish that the doctrine of Predes-
tination may be tenderly handled, lest on the
one side God's omuipoteucy be questioned by
impeaching the doctrine of his eternal Predes-
tination, or on the other side a desperate pre-
sumption a r reared, by inferring the necessary
certainty of persisting in Grace.
Bp. of Loud. The second Objection of the
doctor's is vain, it being the doctrine and prac-
tice of the Church of England, that none but i\
licensed minister may preach, nor administer
the Lord's Supper.
His Majesty. As for Private Baptism, I
have already with the bishop* taken order for
the same.
Then came they to the 2nd point of Confirm-
ation, and upon the perusal ot the words of the
Article, his majesty concluded the pretended
contradiction u cavil.
Bp. of Ijond. Confirmation is not so much
founded on the place in the Acts of the apostles,
but upon Ileb. vi. 2. which was the opinion,
l»esidej the judgment of the Fathers, of Mr.
Calvin, and doctor Fulk ; neither needeth there
any farther proof, seeing (at I suppose) he that
77] STATE TRIALS, 1 James I. tf<)4.— rafectin^ Reformation rfthe Church. [7S
objected this holds not continuation unlawful ;
but he and his party are >exed that the use
thereof is not in their own hands, for every
vaster to continn his own parish ; for then it
would he accounted un Apostolical institution,
it Dr. Reynolds were pleased but to speak his
thoughts therein.
Dr. llryn. Indeed seeing some didcese of a
l.ih^p hath therein six hundred Parishes, it is
•* tiling very inconvenient to permit Confirma-
tion to the bishop alone ; and I suppose it im-
possible that he can tuke due examination of
ti*m all which come to lie confirmed.
Bp. of Land. To the matter of fact, I an-
swer, that bishops in their Visitations appoint
either their chaplaius, or some other ministers,
to examine them which are to be confirmed,
aad lightly confirm none but by the testimony
ct'die parsons uiid curates, where the children
;ire bred and brought up. — To the Opinion I
rawer, that none of all the Fathers ever ad-
mitted any to confirm but bishops alone. Yea,
eren St. Jerome liim self (otherwise no friend to
bishops) confessed) the execution thereof was
restrained to bishops only.
Bp. of Winch. Dr. Reynolds, I would fain
lave you, with all your learning, shew wherever
Coohrmution was used in ancient times by any
ether bishops; These used it partly to examine
children, and after examination by imposition
of hand* (the Jewish ceremony of blessing) to
Ueu and pray over them ; and partly to try
whether they had been baptised in the right
tuna or no. For in former ages some baptised
•'i>they ought) in the name ol the Father, Son,
tad Holy Ghost. Some (as the Arians) in the
ume of die Father as the greater, and the Son
ia th* less. Some in the uuine of the Father by
fee Son, in the Holy Ghost. Some not in the
name of the Trinity, but only in the Death of
Christ. WliereujM)n Catholic bishops were con-
tained to examine them who were baptised in
nttolis, concerning their Baptism, if right to
C9£i:rm them, if amiss to instruct them.
tib Majesty. 1 dissent from the judgment
<i S.Jerome in his assertion, that bullous are
£4t of divine ordination.
Bp. of Land, Unless I could prove my Or-
^•'tsiion lawful out of the Scriptures, I would
uf. be a bishop four hours longer.
Ha Mo it sty. 1 approve the calling and use
rflj^hops in the Church, and it is my aphorism,
1 Xo B:*hop, No King ;* nor intend I to take
(/m£ i illation from the bishops, which they have
it «jng enjoyed. Seeing as great reason that
i.nt thould confirm, as that none* should
) rtfech without the bishop's license. But let it
U referred, whether the word Examination
wd* not to he added to the ru brick in the title
"iX'jfifjrroation in the Communion-hook. And
to* Dr. Reynolds you may proceed.
Dr. Reyti. I protest I meant not to gall any
ain, tlioueh I perceive some took personal ex-
ception* at my words, and desire the imputu-
Urn of schism may not be charged upon me.
1o proceed on die 37 th Article, wherein are
lk« words* " The Bishop of Rome hath no
authority In this land." These are not sufficient,
unless it were ad Jed, nor ought to have any.
His Majesty. Hubvmus jure, quod habemut,
and therefore in as much as it is said he lmth
not, it is plain enough that he ought not to
have.
Here passed some pleasant discourse betnixt
the king and lords about puritans, till returning
to seriousness : There be jam the
Bp. of Loud. May it please your majesty
to remember the Speech of the French ambas-
sador, monsieur Rcgnee, upon the view of our
solemn service and ceremony, viz. That if the
Reformed Churches in France had kept the
same order, there would have been thousands
of Protestants more than there are.
Dr. Keyn. It were well if this proposition
might he added to the Book of Articles. < The
intention of the minister is not of the essence
of the sacrament,' the rather, because tome in
England have preached it to lie essential ; and
here again I could desire that the nine oitho-
doxal Assertions concluded at Lambeth, may
be generally received.
His Maj. I utterly dislike the first part of
your motion, thinking it unfit to thrust into the
Book of Articles every position negative, which
would swell the book into a volume as big as
the Bible, and confound the reader. Thus
one M. Craig in Scotland with his, I renounce
and abhor his multiplied detestations avid abre-
nuntiations, so amazed simple people, that not
able to conceive al! their tilings, they fell back
to popery, or remained in their former igno-
rance. If bound to this form, the confession of
my faith must be in my table-book, not in my
head.— Because you speak of Intention, I will
apply it thus. If you come hither with a good
intention to be informed, the whole work will
sort to the better effect : But if your intention
be to go as you came, whatsoever shall be said,
it will prove the intention is very material and
essential to the end of this present action. — As
for the nine Assertions you speak of, I cannot
suddenly answer, iu,t knowing what those Pro-
positions of Lambeth be.
lip. of Land. May it please your majesty,
this was the occasion of them, by reason of
some controversies arming in Cambridge about
certain points of divinity, my lord's grace as-
sembler! some divines of special note to set
down thi'ir Opinions, which they drew into
nine Assertions, and so sent them to the Uni-
versity for the appeasing of those quarrels.
His Maj. When such questions arise
amongst scholars, the quietest proceedings were
to determine them in the Uuiversitv, and not
to stuff the Book of Articles, with all Conclu-
sions theological. — Secondly, the better course
would he to punish the broudiers of false doc-
trine, than to multiply Articles, which, if never
so many, cannot pi event the contrary opinions
of men till they be heard.
Dean of Pauls. May it please your majesty,
I am nearly concerned in this matter, by rea-
son of a Controversy betwixt me and some
other in Cambridge, upon a Proposition which
79]
STATE TRIALS, 1 James I. lfi(H.— Hampton Court Conference,
[80-
I there delivered, namely, that whosoever
(though before justified) did commit any griev-
ous bin, as adultery, murder, &c. do become
ipso facto, subject to God's wrath, and guilty
of damnation, quoad pnexentam statum, until
they repent. Yet, so that those who are justi-
fied according to (lie purpose of God's Election
(though they might fill into grievous sin, and
thereby into the present estate of damnation)
Vet never totally nor finally from Justification ;
but were in time renewed -by God's spirit unto
a lively taith and repentance. Against this
doctrine some did oppose, teaching that per-
sons once truly justified, though falling into
grievous sins, remained still in the state of Jus-
tification, before they actually relented of these
sins ; yea, and though they never repented of
them through forget fulness or sudden death,
they nevertheless were justified and sived.
His Maj. I dislike this doctrine, there be-
ing a necessity id" conjoining repentance and
holiness of liie with true taith, and that is hy-
pocrisy, and not justifying faith, which is sever-
ed from them, lor although Predestination
and Election depend not on any qualities, ac-
tions, or works of man which are mutable, but
on God's eternal Decree : yet such is the ne-
cessity of Repentance after known sins com-
mitted, that without it no Reconciliation with
God, or Remission of Sins.
Dr. Hcj/n. The Catechism in the Common
Prayer-Book is too brief, and that by Mr.
Nowel (late dean of Pauls) too long for novices
to learn by heart. 1 icqucst therefore that one
uniform Catechism may be made, and none
other generally received.
His Maj. I think the doctor's request vcrv
reasonable, yet so, that th/1 Catechism may be
made in the fewest and plainest uliirinutive
terms that may be, not like the many ignorant
Catechisms in .Scotland, set out by every one
who was the Son of a good man ; insomuch
that what was Catechism-doctrine in one con-
gregation, was scarcely received as orthodox in
another ; and herein I would have two rules
ob.seived : Fir*t, That curious and deep qiu s-
tions be avoided in the fundamental instruc-
tion of a people, secondly, That there should
not be so geuer.d a departure from the papists,
that every thin-; should be accounted an error
wherein we agree win them.
Dr. fti un. Great is the profanation of the?
Sabbath day, and contempt of your majesty's
Proclamation, winch 1 earnestly desire may be
reformed.
This in.iti »n found an unanimous consent.
Dr. Rti/ti. May your majesty be pleased
that the llibic be new translated, such as are
extant not answering the original, and he in-
*taiioe i in three pa-titulars.
Gai. >v. '2'>. — In tiu m-i^iual, fum^u; ill-trans-
luted, Borderrrth. — Ps. cv. Uli. Orig. They
werenoi d - >bedient; ill-trans., Tliev were
not onrdient. — Ps. cvi. 30. Orig. Phine-
has executed judgment ; ill-trans., Plu-
nehus prayed.
Bp.ofLand* If every aiiii's haiQQur ought be
followed, there would be no end of translating. •
Hit Maj. I profess I could neter yet see a
Bible well translated in English ; but I think,
that of all, that of Geneva is the worst. I wUh
some special pains were taken for an uniform
translation ; which should be done by the best
learned in both Universities, then reviewed by
the bishops, presented to the privy council,
lasilv ratified by royal authority, to be read in
the whole church, and no other.
Bp. of Lo'td. But ii: is tit that no marginal
note* should be added thereunto.
His Maj. That caveat is well put in, for in
the Geneva translation, some notes are partial,
untrue, seditious, and savouring of traitorous
conceits : As, when from Kxodus i. IP. Diso-
bedience to kings is allowed in a marginal note.
And 2 Chron. xv. lti, king Asa taxed in the
note for only deposing his mother for idolatry,
and not killing her. To conclude this point,
let errors, in matters of faith, be amended, and
indifferent things be interpreted, and ;: uloss
added unto them. For as Barnlu* dc Neguo
saith, that a king with some weakness, is better
than still a change ; so ratl-er a ( imrcli with
some faults, than an innovation. And surelv,
it these were the greatest mutters that grieved
you, I need not have been troubled with such
importunate complaints.
Dr. lteyn. May it please your majesty,
that unlawful and seditious books be suppress-
ed, such as Ficlerus, a Papist, Dc Jure Magi*-
liatu$ in Su bd it as, applied against the late
queen for the Pope.
Bp. of Land. There is no such licentious
divulging of those books, and none have liber-
ty, by authority, to buy them, except stub us
Dr. Reynolds, who was supposed would con-
fute them. And, if such books come into the
realm by secret conveyance-, perfect notice
cannot be had of their importation. Besides,
Ficlerus \va- a great disciplinarian, whereby it
appears what advantage that sort gave unto
the Papists, who, mutatis person it, apply their
own arguments against princes of their reli-
lmoi), thoimh fonnv part 1 detest both the au-
thor and upplier alike.
The Ld. Cecil. Indeed the unlimited liberty
of dispelling Popish and seditious pamph!<ts
in PauU Church-yard, and both the Universi-
ties, hath done much miM'hief; but especially
| oiiecali'.kii Speculum Tn/gicum.
Hit Muj. That is a dangerous book indeed.
L. H. Howard. Both for matter and inten-
tion.
L. Chan. Of such Books, some are Latin,
some are English, but the last dispersed do most
harm.
Surcf. Cecil. But tny lord of London (and
no man else) hath done what he cjuld to sup-
press thrill.
His Muj. Dr. Reynolds, vim are a better
college-man than a states-man, if meaning to
tax the bishop of Ixiudon for MiiTcring those
books, between the Secular Priests and Jesuits,
to be published, which he did by warrant from
the council, to nourish a schism betwixt them.
$1] STATE TRIALS, V James I. \(m.—rtsperting Rtformation qf the Church. [82
Li. Cecil. Such books were tolerated, be-
cause by them tiie title of Spain was confuted.
Li. Treasurer. And because therein it ap-
pear*, by the testimony of the priests them-
selves, that no Papists are put to death, for
conscience only, but for treason.
Dr. Hryn. Indeed I meant not such books
as were printed in England, but only such as
cane from beyond the seas. And now to pro-
ceed to the second general point, concerning
tit planting of learned ministers, I desire they
be in every parish.
His Maj. I have consulted with my bishops
about it, whom I have found willing -and ready '
kerait : but, as subita evacuutio is per icu losa ;
so twbUa mutatto: It cannot presently be per-
formed, the Universities not affording them.
And, yet tney afford more learned men, than the
mum doth maintenance, which must be first
provided. In the mean time, ignoraut minis-
ters, if young, are to be removed, if there be '
ao nope of amendment; if old, their Heath
must be expected, because Jerusalem cannot
be built up in a day.
Bp. of Winch. Lay patrons much cause the
iasumciency of the clergy, presenting mean
derks to their cures (the law admitting of such 1
sufficiency) and, if the bis hop refuser h them,
presently a quart impedit is sent out against
Las.
Bp. of Land. Because this I sec is a time
of moving Petitions, may 1 humbly present two
er three to your majesty: First, That there
nay oe amongst us a praying ministry, it being j
now come to pass, thai men think it is the
aaly duty of ministers to spend their time in
the pulpir. I confess, in a Church newly to be
piftnted, preaching is most necessary, not so in
uoe long established, that prayer should be
neglected.
His Maj. I like your motion exceeding well,
sad dislike the hypocrisy of our time, who
place all their religion in the ear, whilst
prayer (so requisite and acceptable, if duly
performed) is accounted and used as the least
part of religion.
Bp. of L-nd. My second motion is, that
■nil learned men may be planted in every con-
pen' ion, jrp-tly homilies may be read therein.
Btt Maj. 1 approve your motion, especially
•hc:e the living is not oumcicnt for the main-
tenance of a learned preacher. AJso, where
there be multitudes of sermons, there I would
ha\e homilies read divers times. [Here the
king aked the assent of the plaiutiffs, and they
confessed it.]
A preaching ministry is best, but where it
may not be had, godly prayers and exhorta-
tions do ujuch good.
Li. Chan. Livings rather want learned
■en, than learned men livings ; many in the
rnivemties pining for want of places. I wish
therefore some may have single coats (one living)
leJore cithers have doublets (pluralities). And
thai method I have observed in bestowing the
uar s benefices*
Bp sf Lomd. I commend your honourable
care that way ; but a doublet is necessary in
cold weather.
Ld. Chan. I dislike not the liberty of our
church, in granting to one man t ■ o benefices,
but speak out of mine own purpose nnd prac-
tice, grounded on the aforesaid reason.
Bp. of Lond. My Ust motion is, tiiat Pul-
pits may not be made Pasquils, wherein every
discontented fellow may traauce his superiors.
His Maj. I accept what you offer, for the
Pulpit is no place of personal reproof, let them
complain to me, if injured.
Bp. if Lond. If your majesty shall leave
yourself open to admit oi' all complaints, your
highness shall never be quiet, nor your under-
ofticers regarded, whom every delinquent, when
censured, will threaten to cninphtiu' of.
His Maj. J mean they shall complain to
me by degrees, first to the Ordinary, from him
to the Archbishop, from him to the lords of
the council ; and, if in all these no remedy be
found, then to myself.
Dr. Ret/n. I come now to Subscription, as
a great impeachment to' a learned ministry,
and therefore in treat it may not be exacted at
heretofore : for which many good men are kept
out, though otherwise willing to subscribe to
the Statutes of the Realm, Articles of Reli-
gion, and the King's Supremacy. The reason
of their backwardness to subscribe, is, because
the Common-prayer enjoineth the Apocrypha
books to be read in the church, although some
chapters therein contain manifest err ours re-
pugnant to Scripture. For instance, Ecclus.
xlviii. 10. Elias in person is said to come before
Christ, contrary to what is in the New Testa-
ment. Mat. xi. 14. Luke i. 17. of Elias in re-
semblance, that is, John the Baptist.
Bp. of Lond. Most of the objections against
those books, are the old cavils of the Jews,
renewed by S. Jerome (who first called them
Apocripha) which opinion, upon Rurfinus his
challenge, he, after a sort, disclaimed.
Bp. of Winch. Indeed S. Jerome saith, Ca~
nonici sunt ad informundos mores non ad con-
firmandam fidem.
His Maj. To take an even order betwixt
both, I would not have all canonical books read
in the church, nor any chapter out of the Apo-
crypha, wherein any error is contained; where-
fore let Dr. Reynolds note those chapters in
the Apocrypha Looks, wherein those offences
are, and bring them to the abp. of Canterbury
against Wednesday next; and now Doctor, pro-
ceed.
Dr. Reyn. The next scruple against Sub-
scription, is, because it is twice set down in the
Common- prayer- book, Jesus said to his disci-
ples, when by the text in the original, it is
plain, that he spake to the Pharisees.
His Maj. Let the word Disciples be omit-
ted, and the words, Jesus said, be printed in a
different letter.
Mr. Kncustub. I take exceptions at the
Cross in Baptism, whereat the weak brethren
are offended, contrary to the counsel of the
apostle, Romans xiv, 2 Corinth, viii.
G
83] STATE TRIALS, Uames I. 1(304— Hampton Court Conference,
[84
His Mtij. Distingue tempora, <$• concorda-
bunt Scripture, great the difference betwixt
those times and ours. Then, a Church not
fully settled ; now, ours long established. How
long will such brethren he weak ? Are uot
forty-live years sutbeient tor them to grow
strong in ? Besides, who prett rids this weak-
ness? We require not Subscriptions of luicks
and ideots, but of preachers and ministers, who
arc not still (I trow) to be fed with milk, being
enabled to feed others. Some of them are
strong enough, if not head-strong; conceiving
themselves able enough to teach him who last
spake for them, and all the bishops in the hind. •
Mr. Kncwst. It is questionable whether
the Church hath power to institute an outward
significant sign.
lip. of Land. The Cross in Baptism is not
used otherwise than a ceremony.
Dp. of Winch. Kneeling, lifting* up of the
hands, knocking of the breast, are significant
ceremonies, and these may lawfully be used.
]). of the Chap. The Kahbins write, That
the Jews added both signs and words at the in-
stitution of the Passover, viz. when they eat
sour herbs, they said, ( Take and eat these in
remembrance,' &c. When they drank wine,
they said, ' Drink this in remembrance/ &c.
Upon which addition, and tradition, our Saviour
instituted the Sacrament of his last Supper,
thereby approving, a Church may institute and
retain a sign significant.
His Maj. I am exceedingly well satisfied
in this point, but would be acquainted about
the antiquity of the use of the Cross.
Dr. liej/n. It hath been used ever since the
Apostles time; but the question is, how ancient
the use thereof hath been in Baptism.
D. of Wtstm. It appears out of Tertullian,
Cyprian, and Origen, that it was used in im-
mor/ali lavacro.
Bu. of Winch, In Constantine'* time it was
M?ea in Baptism.
Hit Maj. If so, I see no reason but that
we may continue it.
Mr. Kncwst. Put the case the Church hath
power to add significant signs it may not add
them where Christ hath already ordained them,
which is as derogatory to Christ's institution,
as if one should add to the great seal of Eng-
land.
His Maj. The case is not alike, seeing the
Sacrament is fully finished, before any mention
©f the Cross is made therein.
Mr. Knevst. If the Church hath such a
power, the greatest scruple is, how far the or-
dinance of the Church bindeth, without im-
peaching Christian liberty.
His 'Mtij. I will mil an;ue that poiut with
you, but an*wer a* kings in parliament, Lr. Roy
i'uxixt'va; This is like Mr. John Black, a beard-
less boy, w ho told me, the last Conference in
Scotland, (T)cc. 160',!,) that he would hold con-
formity with his majesty in matters of Doctrine;
but every man for Ceremonies was to he left
to his own liberty. But I will have none of
that, I will have one Doctrine, one Discipline,
one Religion, in substance, and in ceremony.
Never speak more to that point, how far you
ate hound to obey.
Dr. Reyn. Would that the Cross, being
supcrstitioubly abused in P«#pery, were aban-
doned, as the Brazen Serpent was stamped to
powder by ilezekias, because abused to idola-
try.
His Muj. In as much as the Cross was
abused to superstition in time of Popery, it
doth plainly imply that it was well used before.
I detest their courses, who peremptory disal-
low of all things, which have been abused in
Popery, and know not how to answer the ob-
jections of the Papists, when they charge us
with novelties, but by telling them, we retain
tlie primitive use of thing*, and only forsake
their novel corruptions. Secondly, no resem-
blance betwixt the Brazen Serpent, a material
visible thing, and the sign of the Cross, made
in the air. Thirdly, Papists (as 1 am informed)
did never ascribe any spiritual Grace to the
Cross in Baptism. Lastly, material Crosses, to
which people fell down in time of Popery (as
the idolatrous Jews to the Brazen Serpent) are
already demolished, as you desire.
Mr. Kncwst. I take exception at the wear-
ing of the Surplice, a kind of garment used by
the priests of Isis.
His Maj. I did not think, till of late, it had
been borrowed from the Heathen, because
commonly called a rag of Popery. Seeing now
we border not upon heathens, neither are any
of them conversant with, or commorant amongst
us, thereby to be continued in Paganism ; I §ee
no reason but for comeliness-sake, it may be
continued.
Dr. llcyn. I take exception at these words
in the Marriage, * with my body I thee wor-
ship.*
His Maj. I was made believe, the phrase
imported no le*>s than divine adoration, but find
it an usual English term, as when we sav, ( a
gentlcmnn of worship/ and it ngreeth with the
Scriptures, * giving honour to the wife.' As for
you, Dr. Reynolds, many men speak of Robin
Hood, who never shot m his bow. (This the
king spake smiling.) it' you had a good wife
yourself, you would think all worship and ho-
nour you could do her, were well bestowed on
her.
D. nfSitrum. Some take exception at the
Ring in Marriage.
Dr. Riyn. 1 approve it well enough.
HU M«j. I was married with a Ring, and
think others scarce well married without it.
Dr. Rtyn. Some take exceptions at the
Churching of Women, by the name of Purifi-
cation.
His Muj. I allow it very well, women be-
ing loath of themselves to come to church, I
like this, or any other occasion to draw them
thither.
Dr. Rcyn. My last exception is against
committing Ecclesiastical Censures to lay-chan-
cellors, the rather, because it was ordered,
anno 137 1, that lay-chance Uors, in matters of
13] STATE TRIALS, 1 James I. ~]604._ respecting Reformation cfihe Church. [80
Correction, and anno 1589, in matters of In-
stance, should not excommunicate any, but be
done, only by them who had power of the
Keys, though the contrary is commonly prac-
tised.
Hit Maj. I have conferred with mv bishops
about this point, and such order shall be taken
therein as is convenient. Mean time go on to
fume other matter.
Dr. Rcyn. I desire, that according to cer-
tain provincial constitutions, the clerev may
re meetings every three weeks. — 1. First in
Roral Deaneries, therein to have prophesying,
ts arch-bishop Griudall, and other bishops, de-
sired of her late majesty. — 2. 1 hat such things
is could not be resolved on there, might he
referred to the arch-deacons visitations. — 3.
And so to the Episcopal Synod, to determine
such points before not decided.
His Maj. If you aim at a Scottish Presby-
tery, ic agree th as well with monarchy, as God
and the devil. Tlien Jack, and Tom, "and Will,
and Dick, shall meet and censure me and my
council. Therefore I reiterate my former
speech, Le Roy s'uvisera ; Stay, I pray, for
one seven years, before you demand, and then
if you find me grow pursy and fat, I may, per-
chance, hearken unto you, for that government
will keep me in breath, and give me work
enough. I shall speak of one matter more,
somewhat out of order, but it skilleth not; Dr.
Reynolds, you have often spoken for my Supre-
macy, and it is well : but know you any here,
or elsewhere, who like of the present govern-
ment ecclesiastical, and dislike my Supremacy ?
/Jr. Ret/n. I know none.
*
His Maj. Why then I will tell you a tale :
liter that the religion restored by king Edward
the sixth, was soon overthrown by queen Mary
here in England, we in Scotland felt the effect
of it. For thereupon Mr. Knox writes to the
queen regent (a virtuous and moderate lady)
telling tier that she was the supreme head of
die Church ; and charged her, as she would
uwrer it at God's tribunal, to take care of
Christ his Evangil, in suppressing the Popish
Prelates, who withstood the same; but how
nog trow you did this continue ? Even till by
Iter authority, the Popish bishops were repress-
ed, and Knox, with his adherents, being brought
io, made strong enough. Then began they to
make small account of her supremacy, when,
Jwrording to that more light, wherewith they
were illuminated, they made a farther refor-
mation of themselves. How they used the
Poor lady my mother, is not unknown, and
L»/w they dealt with me in mv minority. I
thus apply it. My lords, the bishops, I may
[This hs said putting his hand to his hat]
thank you that these men plead thus for my
Supremacy. They think they cannot make
th<*ir party good against you, but by appealing
cnto it; hut if once you were out, and they in,
1 know what would become of my Supremacy,
hr No Bishop, No King. I have learned of
»1 at cm they have been, who, preaching before
me, sine* my coming into England, passed
over, with silence, my being Supreme Governor
in causes ecclesiastical. Well, doctor, have you
any thing el-re to say ?
Dr. lieyn. No more if it please your ma-
jesty.
His Maj. If this be all your party haih to
siay, I will iuake them conform themselves, or
else I will harrie them out of the land, or eke
do worse.
Thus ended the second day's Conference,
and the third began on the Wednesday follow-
ing, Jan. 18, many knights, civilian?, and dor-
tors of the law, bei"? admitted thereunto, be-
cause the High Commission was the principal
matter in debate.
His Maj. I understand, that the parties
named in the High Commission ore too nvmv,
and too mean, and the matters they deal with,
base, such as ordinaries at home in their courts
miuht censure.
Abp. of Cant. It is requisite their number
should be many, otherwise I should be forced
oft en-times to sit alone, if in the absence of the
lords of the council, bishops, and judges at law,
some deans and doctors were not put into that
Commission, whose attendance 1 might com-
mand with the more Authority : I have often
complained of the meanness of matteis handled
therein, but cannot remedy it. For though the
offence be small, that the Ordinary may, the
offender oft-times is so great, and contuma-
cious, that the Ordinary dare not punish him,
and so is forced to crave help at the High Com-
mission.
A nameless Lord. The proceedings in that
court, are like the Spanish Inquisition, wherein
men are urged to subscribe more than law re-
quired!, and by the oath ex officio, forced to
accuse themselves, being examined upon twenty,
or twenty four Articles on a sudden, without
deliberation, and for the most part against
themselves. — In proof hereof, he produced a
Letter of an amient honourable counsellor, An.
1584, verifying this' usage to two ministers iu
Cambridgeshire.
Abp. of Cant. Your lordship is deceived in
the manner of proceeding ; for, if the Article
touch the party for life, liberty, or scandal, he
may refuse to answer; I can say nothing to
the particulars of the letter, because twenty
years since, yet doubted not, but at leisure, to
give your lordship satisfaction.
Lord Chan. Th^re is necessity, and use of
the oath ex officio, in divers courts, and causes.
His A/ry. Indeed civil proceedings only
punish facts ; but it is requisite that Fame and
Scandals be looked unto in courts ecclesiastical,
and yet great moderation is to be used therein.
1. In grui'ioribtts criminibus. 2. In such
whereof there is a public fame, caused by
the inordinate demeanour of the offender. —
And here he soundly described the oath ex
offiao, for the ground thereof, the wisdom of
the law therein, the manner of proceeding
thereby, and profitable effect from the same.
Abp. of Cant. Undoubtedly your majesty
speaks by the special as&istanca of God's spirit.
87] STATE TRIALS, 1 James I. 1604— Hampton Court Conference,
[8»
Bp. of Loud. I protest ray heart melteth
with joy, that Almighty God, of his singular
mercy, hath given us such a king, as, since
Christ's time, the like hath not been.
The;i passed there much discourse between
the king, the bishops, and the lords, about. the
quality of the persona, aud causes in the High
Commission, rectifying Excommunications in
mailers of less moment, punishing Recusants,
providing Divine^ for Ireland, Wales, and the
Northern Borders. Afterwards the four preach-
ers were called in, and such alteration* in the
Liturgy were read unto them, which the bishops,
by the kmg's advice, had made, and to which,
by their silence, they seemed to consent.
His Mnj. l.see the exceptions against the
Communion-book, are matters of weakness,
therefore if the persons reluctant be discreet,
they wdl be won betimes, and by good persua-
sions : if indiscreet, better they were removed,
for by their factious many are driven to be
, Papists. From you Dr. Reynolds and your
associates, I expect obedience and humility
(the marks of honest and good* men) and that
you would persuade others abroad by your
example.
Dr. lifyn. We here do promise to perform
all duties to bishops sw reverend fathers, and to
join with them against the common adversary
for the quii»t of the Church.
Mr. C builer! on. 1 request the wearing of the
Surplice, and the Cross in Baptism may not be
urged on some godly ministers in Lancashire,
fearing, if forced unto them, many won by their
preaching of the Gospel will revolt to Popery,
and r particularly instance in the vicar of
Hsitsdvdc.
Abp. of Cant. You could not have light
upon n worse, for not many years ago (as my
lord chancellor knows) it was proved before me,
tha$ by Ins unrevefent usage of the Eucharist
(dc-iiii^ the bread out of a bucket, every man
putting ;n his hand, and taking out a piece) he
nm k inuiy lo«ith the Communion, and refuse
to (Min«» to Church.
J/m 'Maj, It is> not my purpose, and I dare
sav a id not the bi*hops intent, presently, and
out or hand, to enforce thc»e things, wilhout
father! v- 1 1 '.monitions, conferences, and persua-
sions, »: viiised ; but I wish it were examined,
whether >vc'-. Lancashire ministers, by their
pains atirl . • i hing, have converted any from
Popery, and withal be men*of honest life, and
quiet conversation. If so, let letters be written
to the bishop of Chester [Rich.. Vauuhan,
Afterwards bishop of Lnnd<«n| (who if* a grave
aud good man) to that purpose, that some
favour may be afforded unto them, and let the
lord archbishop write the letters.
Bp. of Ijond. If this be granted, the copy
of these Letters vtill fly all over England, and
then nil non-conformists will mule the like
request, und so no fruit follow of t^iis Confer-
ence, but things will be worse than they were
before. I desire therefore a time may be
limited, within the compass whereof they shall
conform.
His Moj. I assent thereunto, and let the
bishop of the diocese set down the time.
Mr. Kncwst. I request the like favour of
forbearance to some honest ministers in Suffolk.
For it will make much against their credits in
the country, to he now forced to the Surplice,
and Cross in Baptism.
Abp. of Cant. Nay, sir
His tilaj. Let me alone to answer him.
Sir, you shew yourself an uncharitable man.
We have here taken pains, and, in the end,
have concluded on unity and uniformity, and
you, forsooth, must prefer the credits oft a few
private ineu before tne peace of the Church.
This is just the Scotch argument, when any
thing was concluded, which disliked some hu-
mours. Let thein either conform themselves
shortly, or they shall hear of it.
Ld. Cecil. The indecency of Ambulating
Communions, is very offensive, and hath driven
many from the Church.
Bp. of Land. And Mr. Chaderton, I could
tell you of Sitting Communions in Emanuel
college.
. Mr. Chad. It is so, because of the scats so
placed as they be, and yet we have some
kneeling also in our chapel.
His Muj. No more hereof for the present,
seeing they have jointly promised hereafter to
be quiet and obedient. — Whereat he rose up
to depart into an inner chamber.
Bp. of Lond. God's goodness be blessed
for your majesty, and give health and prosperity
to "your highness, your gracious queen, the
young prince, and all the royal issue.
Thus ended the three days Conference,
wherein how discreetly the, kiug carried him-
self, posterity (out of the reach of flattery) is
the most competent judge, such matters being
most truly discerned at distance. It is gene-
rally said, that herein he went above himself;
that the bishop of London appeared even with
himself, and T)r. Reynolds fell much beneath
himself. Others observed that abp. Whitgift
spake most gravely ; Bancroft (when out of
passion) most politicly ; Bilson, most learned-
ly. And of the divines, Mr. Reynolds most
largely ; Knew stubs most affectionately ; Cha-
derton most sparingly. In this scene, only
Dr. Sparks was &$&» *p*mw*, making use of
his hearing, not speech, converted (it seems)
to the truth of what was spoken, and soon after
setting forth a Treatise of Unity and Unifor-
mity.— But the nonconformists complained,
that the kipg sent for their divines, not to have
ihcir ^cruples satisfied, but his Pleasure pro-
pounded ; nor that he mi^ht know what they
couid say, hut they what he would do, in the
matter. Betides, no wonder if Dr. lirynulds
a little lost himself, whose eyes uere partly
dazzled with the light of the king's majesty,
partly daunted with the he.it of his displeasure.
Others complain, that this Conference is par-
tially set foith only hy Dr. B.irlow, dean of
Chester, their pr»tVssed adversary, to the crent
disadvantage of their divines. And when the
Israelites go down to the Philistines, to whet all
»] STATE TRIALS, 1 James L 1604.— respecting Reformation of the Church. [90
may be removed, some amended, tome quali-
fied.—1. In the Church Service. That the
Cross in Baptism, Interrogatories ministered to
infants, Confirmation, as superfluous, may be
taken away. Baptism not to be ministered by
women, and so explained. The Cap and Sur-
plice not urged. That Examination may go -
before the Communion. That it he ministered
with a sermon. That divers terms of Priests,
and Absolution, and some other used, with the
King in Marriage, and other such like in thq
Book, may he -corrected. The long-someness
of Service abridged. Church songs, and Mu-
sic moderated to better edification. That the
Lord's day be not profaned. The rest upon
Holy days not so strictly urged. That there
may be an uniformity of doctrine prescribed.
No Popish opinion to be any more taught, or
defended. No ministers charged to teach
their people to bow at the name of Jesus.
That the canonical Scriptures only be read in
the Church. — 2. Concerning Church Ministers.
That none hereafter he admitted into the mi-
nistry, but able and sufficient men, and those
to preach diligently, and especially upon the
Lord's day. That such as be already entered,
and cannot preach, may either be removed,
nud some charitable course taken with them
for their relief; or else to be forced, according
to the value of their livings, to maintain
preachers. That Non-Residence be not per-
mitted. That king Edward's statute, for the
lawfulness of Ministers Marriage, be revived.
That ministers be not urged to subscribe, but,
according to the law, to the Articles of Reli-
gion, and the king's supremacy only. — 3. For
Church Livings, and Maintenance. That bi-
shops leave their Comuiendams; some holding
prebends, some parsonages, some vicarages with
their bishoprics. That double beneficed men be
not suffered to hold, some two or three Benefices
with Cure : and some, two, three, or four Dig-
nities besides. That Impropriations annexed
to bishoprics and colleges, be demised only to
the preachers incumbents, for the old rent.
That the Impropriations of Laymen's fees may
be charged with a sixth or seventh part of the
worth, to the maintenance of the preaching
minister. — *. For Church Discipline. That the
Discipline, and Excommunication may be admi-
nistered according to Christ's own institution : -
or at the least, that enormities may be redress-
ed. As namely. That excommunication come
not forth under the name of lay-persons, chan-
cellors, officials, &c. That men be not excom-
municated for trifles, and twelve- penny matters.
That none be excommunicated without con-
sent of his pastor. That the officers be not
suffered ro extort unreasonable fees. Thit
none, h;iving jurisdiction, or registers place*,
put out the same to farm. That divers Popish
Canons (as for restraint of marriage at certain
times) be reversed. That the longsoineness of
suits in ecclesiastical courts (which hang some*
times two, thiee, four, five, six, or seven years)
may be restrained. That the oath ex officio,
whereby men are forced to accuse themselves.
their iron tools, no wonder if they set a sharp
edge on their own, and a blunt one on their ene-
mies weapons. — ThisConference produced some ,
alterations in the Liturgy, woinens baptizing of
ia&nts, formerly frequent, hereafter forbidden ;
to the rubric of Absolution, Remission of Sins
inserted, Confirmation termed also an Exami-
mation of Children, and some words altered in
tke Dominical Gospels, with a resolution for a
new Translation of the Bible. But whereas it
ms hitherto disputable, whether the north,
wsere lie long lived, or the south, whither he
My came, should prevail most, on the king's
judgment, in Church-government ; this doubt
was now clearly decided. Hence forward
■any cripples in conformity, were cured of
their former halting therein, and such, wklf
knew not their own, till they knew the king's
nind in this matter, for the future, quietly
digested the Ceremonies of the Church.
The following is the Millenary Petition.
" The humble Petition of the Ministers of the
Church of England, desiring Reformation
of certain Ceremonies, and Abuses of the
Church.
u To the most christian, and excellent prince,
oar gracious and dread sovereign, James by
the grace of God, &c. We the Ministers of
the Church of England, that desire Reforma-
tion, wish a long, prosperous, and happy
reign over us in this life, and in the next
everlasting salvation.
u Most gracious and dread Sovereign ; Seeing
it bath pleased the Divine Majesty, to the
great comfort of all good Christians, to advance
jw highness, according to your just title, to
fee peaceable government of this Church and
Coatmon-wealth of England : We the Minis-
ters of the Gospel io this land, neither as fac-
tions men, affecting a popular parity in the
IWcb, nor as schismatics aiming at the disso-
lution of the state ecclesiastical ; but as the
fahfal servants of Christ, and loyal subjects
to toor majesty, desiring and longing for the
tttttss of divers abuses of the Church ; could
•» so less, in our obedience to God, service to
ynr majesty, love to his Church, than acquaint
war princely majesty, with our particular
frids : for, as your princely pen writeth, The
ud£ as a good physician, must first know what
peccant humours his patient naturally is most
subject unto, before he can begin his cure.
And, although divers of us that sue for Refor-
mation, nave formerly, in respect of the times,
itUtribed to the Book, some upon protetta-
l*). some upon exposition given them, some
«uh condition, rather than the Church should
fere been deprived of their labour, and minis-
try; yet now, we, to the number of more than
i thousand, of your majesty's subjects and mi-
ftacers, all groaning, as under a common bur-
ton, of human rights and ceremonies, do, with
•* joint consent, humble ourselves at your
majesty's feet, to be eased and relieved in this
WaalC Oir homble suit then unto your ma-
jor* it, tint Cfecse offences following, some
01] STATE TRIALS, 1 James I. 1604.— The Case between Sir Francis Goodwin [9f
be more sparingly used. That Licenses for
Marriage, without Banns asked, he more cauti-
ously granted. — These, with such other abuses,
yet remaining, and practised in the Church of
England, we arc able to shew, not to be agree-
able to the scriptures, if it shall please your
highness farther to hear us, or more at large by
writing to be informed, or by conference
among the learned to be resolved. And vet
wc doubt not, but that, without any farther
process, your majesty (of whose Christian judg-
ment we nave received so good a taste already)
is able of yourself, to judge of the equity of
this cause. God,' we trust, hath appointed your
highness our physician to heal these diseases.
And we say with Mordecai to Hester, " who
knoweth, whether you are come to the king-
dom for such a time ?" Thus your majesty
shall do that, which, wc arc persuaded, shall be
acceptable to God, honourable to pour majesty
in all succeeding ages, profitable to his Church,
which shall be thereby increased, comfortable
to your ministers, which shall be no more sus-
pended, silenced, disgraced, imprisoned for
men's traditions; and prejudicial to none, but
to those tiiat seek their own quiet, credit, and
protit in the world. Thus, with all dutiful sub-
mission, referring ourselves to your majesty's
pleasure, for your gracious answer, as God shall
direct you: we most humbly recommend your
highness to the Divine Majesty : whom we be-
seech for Christ his sake to dispose your royal
heart to do herein, what shall be to his glory,
the good of his Church, and your endless com-
fort.— Your majesty's most humble subjects,
tUb Minister* of the Gospel, that desire not a
disorderly Innovation but a due and godly Re-
formation.
77. The Case between Sir Francis Goodwin and Sir John For-
tescuk, relative to a Return for the County of Buckingham;
as it stands upon the Journals of the House of Commons :
1 Jac. I. a. d. 1604.
Introduction.
From 1 Cobb. Pari. Hist. 997.
ON the 20th of March 1604, upon a motion
of the lord Cecil, a Conference was agreed
upon to be had with a certain number of the
Lower House, concerning the public State of
the Nation ; and on two things, in particular,
Purveyors and Respite of Homage. To which
the Commons desired might be added another
article concerning the matter of Wards :
answer was returned back, by the Lords, " That
they liked well the motion for a Conference,
touching the lust mentioned matter. Bur, wirh
all, because there were several other things
that did concern the public state ; of which it
was likewise proper to have conference, before
hand, for the better furtherance of the public
service ; and, in regard, the said matters were
of importance, their lordships desire them to
increase the number of their committee as
they intended to tlo theirs." A large Com-
mittee of lords were accordingly appointed,
consisting of nine earls, one viscount, six bishop?,
and 13 barons ; who were to be attended by
the two lord chief justices, fourjudges, Mr. Ser-
jeant Crook, and Mr. Attorney-General. The ]
commons deputed about 60 knights and -bur-
gesses of their house ; and this is nil th;it the
Journals of the Lords mention of this matter.
But the Journals of the Commons are not so
silent ; for it was, indeed, a business of im-
portance to the liberties and Privileges of that
House. Hapin, (from Coke) represents this
affair as another instance of this king's aiming
at absolute power. In order to introduce this
matter, we shall give a paragraph from this
authors History of England, (v. ii, p. 168)
and then subjoin the whole Account, as it
stands in the Journals of the Commons at this
day. " Immediately after the opening of the
Parliament the Commons examining, according
to custom, the contested Elections, there was
a debate in the house about the return of sir
Francis Goodwin, and sir John Fortescue, for
knight of the shire for the county of Bucks,
and upon a full hearing, sir Francis was de-
clared duly elected. Three days after, the
Lords sent a Message to the Commons, that
there might be a Conference about Goodwin's
election. The Commons, surprized at so extra-
ordinary a Message, answered, They did not
think themselves obliged to give an account of
their proceedings, and therefore could not
grant the Conference required. The Lords
replied, the king having been acquainted with
what had passed in Goodwin's Case, thought
himself engaged in honour to have the affair
debated again, and had ordered them to confer
with the Commons upon it. Whereupon, the
Commons, by their Speaker, guve their Rea-
sons to the king, why they could not admit of
this innovation. But all they could obtain
was, that instead of a Conference with the
Lords, the king commanded them to confer
with the Judges. This pleased them no more
than the other. They set down their Reasons
in writing, and delivered them at the Council-
Chamber, to desire their lordships to intercede
for them to the king, not to violate their pri-
vileges. The Answer was, the king absolutely
commanded them to have a Conference with
the Judges. The Commons were extremely
surprized at so absolute an order. Mean-
while, fearing to be accused of too easily en-
gaging in a quarrel with the King, they thought
it more proper to yield, than stand out, fully
bent however to adhere to what had been de-
_.._ k
(JJ
STATE TRIALS, I James I. I not — and Sir Join Fortune
[M
leniiined in the Case or Hie contested election.
Certainly, the kin); had engaged in a very nice
amnr, and probably would nut have come off
with honour, had lie not been disengaged by
Goodwin's moderation. Sir Francis, chilling
to forfeit his right rather thun occasion a quar- .
ret between the Kin; and the Commons, de-
wed rtie house to order the County of Bucks
to elect another knight in his stead. The j
King oAtl Coiiihiui'b equally accepted of this >
tifedienr, »hich prevented them from coming
U extremities ; but the king found from hence,
ttat mi great account was made of the procla-
mation upon colring the parliament whereby he |
■want to be master 'if the elections." Tims I
tar Mr. Kapin. This Case of sir Francis
Goodwin was printed, by Order of the House
of Common?, in 1704, under the direction of
Ruben Harley, e?q. (afterwards earl of Oxford)
then Speaker, on occasion of the famous
Debate, at that time, upon [he Aylesbury
EWctioo.
The C*sb.
VieJovii21 Martii, 1603-4. '
The first motion was made by sir William
Fleetwood, one of the knights returned for the
Coumy ot* Bucks, on the behalf of sir Francis
Goodwin, knight ; who, upon the first Writ of
Summons directed to the Sheriff of Bucks,
was elected the first Knight for that shire ; but
me Return of his Flection being made, it was
refused by the Clerk of the Crown (quia utla-
ftn) : and because sir John l'ortescue, upon
a second Writ, was elected, and entered1 in
that place, his desire was, that this Iteturn
m-iit be examined, and sir Francis Goodwin
m.iied as a member of the house. The
name pave way to the motion ; and for a
■ore deliberate and judicial proceeding in a
cue of privilege so important to the house,
Ordered, * That the Serjeant (the pruper of-
* BCcr of tile house) should give warning lo (lie
1 Clerk of the Crown to appear at the bar at
* eight o'clock tlu> next morning, nnd to bring
1 wuh him all the Writs of Summons, Inden-
' nets, and lie turns of Election for the county
' ofBocka, made and returned for this Pnrlia-
' mna ; and to give warning also to sir Frsn-
' ri» Goodwin to attend in person, whom their
' pleasure was to hear, ore tetiiit, to deliver
' the state of his own cause, and the manner
' and reasons of the proceeding in the Election
'of the Knights of the Shire fur that County.'
This being a motion lending to Mailer of
Pmilege, was seconded with another by Mr.
Serjeant Shirley, touching an arrest of sir Tho.
laW, &c.
Die Veneris 23 Martii, 1603-4.
Sir George Copping, knight, Clerk of the
Crown in the Chancery, this day, (according to
(inner order) bring attended by the Serjeant
<* the House with nis mace, appeared at the
Lar, and produced all the Writs of Summons,
ladentuiea, and Returns made of the Knights
fcr Buckinghamshire: for this Parliament ;
■hhcfa wen aavtrally read by the Clerk of the
House, and then the Clerk of the Crown com-
manded to retire to the door : And after, sir
Francis Goodwin himself (whom it specially
concerned) attending lo know the pleasure of
the house, was called in, to deliver the state of
his own cause, ore leaus ; wherein be was
beard at large, and commanded again to retire
jnlil the house had determined what to do.
In this mean time the whole case was at
large opened, and argued pro ci contra by sun-
dry learned and grave Members of the house,
nnd after much dispute tlie question was agreed
upon, and made.
Quest. ' Wbetlter sir Francis Goodwin were
' lawfully elected and returned one of the '
1 Knights for Bucks ; and ought to be admitted
' and received as a Member of this House i •
Upon this question it was, HesoU'ed in the
affirmative, " That he was lawfully elected
and returned, and, tie jure, ought to be receiv-
ed." Hereupon the Clerk of the Crown was
commanded to file the iirst Indenture of Be-
luni : and order was given, that sir Francis
should presently take the Oath of Supremacy
usual, and his place in the House; which bet
did accordingly.
Bit Maria 37 Martii 160-1,
Sir Francis Bacon, in reporting a conference
'it h the lords, touching Wardship and oilier
tilings, reported thai a lord touched the Cnse of
sir Francis Goodwin as a thing be had heard at
large, hut did not understand it ; and therefore
desired to know it mote particularly from this
Answer was made, That they had no War*
nt from the house to speak of it.
Sir Edward Coke, bis majesty's attorney-
general, and Mr. Dr. Hone, bring a Message
Iroin the lords, expressing with what accepta-
tion their lordships entertained their mutton
yesterday, not only for the mutter being of
very great weight and consequence, but espe-
cially for the manner ; namely. That, touching
Wardship, they would not petition for ease in
it as a matter of wrong, but of grief; and pray
to be relieved by grace, and not by justices
And llicir lordships for answer were desirous,
and moved at that time lo couple in the same
petition the matter of grievance, of Respite of
Hoinuge, which his majesty, out of his gracious .
favour and love to his people, had himself
taken knowledge of. ' And as they conceive
' it to be likely, that the conference may con-
' tinue between the two houses, touching the
' said mutters i as they are very jealous of the
' furtherance of their purpose, so are ihcy
' jealous of any impediment that may breed
1 lett, or hindrance therein ; therefore ihey de-
' sire, for a more clear proceeding and remov-
1 ingot' all stumbling-blocks, that the former
' committees may, in a second conference to
' be had, have authority lo treat touching the
' Case of sir Francis Goodwin, the Knight for
' Buckinghamshire, first of all, hefoie any other
1 matter were farther proceeded in.*
A. The answer to this McMfgr, (a* in suclt
95] STATE TRIALS, 1 James I. 100+.— The Cmktwtm Sir Francit Goodwin, [M
cases ia fur the more put usual) ' That the; '.
would return answer by messengers of their ;
Upon this Message it was argued by some,
' That in no sort ttiey should give account to
* the lords of their proceedings in the house ;
' but tliat Mr. Spender should from the house
* be a suitor to iiis majesty, to have access,
. ' and as <heir common mouih give his highness
1 satisfaction by direction from the house :
' That now the Judgment of sir Francis Oood-
* win's case having passed the house, it could
* not, nor ought not, to be reversed by them.
» A Precedent, ST Eiiz. cited ; where a Bill
' brought down from the lords, upon the first
* reading was /ejected; the lords sent inescen-
' ger* to demand a reason of their Judgment.
* It was denied to yield any reason.'
This Argument brought forth this Question,
which Mr. Speaker was ordered by the house
presently to make, viz.
Quest. * Whether lliey should confer with
* the lords, touching the Caw of sir Francis
' Goodwin the Knight for Buckinghamshire?'
* And Resolved, Tlnrt they should not."
It was then considered us fn to return some
Answer of the Message from tin' lords ; and
Mr. Secretary Herbert, with some other of the
Committees, were appointed to deliver to their
lordships, from the house ; ' That they did
' conceive it did not stand with the Honour
' and Order of the house, to give account of
" any their proceedings or doings : but if their
' lordships have any purpose tr> confer for the
* residue, that then they will be ready at such
' time and place, and with such number as
' their lords!] ii.s stud] think meet.'
Upon the lust Message to the lords, the
messengers return, ' That their lordships would
* presently send answer by messengers of tlieir
Sir Edward Coke, his majesty's Attorney-
General, Mr. Dr. Cure*, Mr. Dr. Hone, and
Mr. Tyndall, delivered from the lords, ' That
* their lordships taking notice in particular of
* the Return of the Sheriff of Burks; and ao
* quninting his majesty with it, his highness
' conceived himself engaged and touched in
' honour that there might be some conference
' of it between the two houses : und to tbiit
' end, signified his pleasure unto them, and by
' them to this house.*
Upon this Messmze, so extraordinary ond
unexpected, the house entered in some c'xui-
demtion what were lit to be done ; and lie-
solved, ' That bis majesty misfit be moved for
access rhene&t duv.' Anil altcrwnrdj they un-
derstood his pleasure to be, ' Tlial ihev should
attend at Whitehall ut eight the next morning.1
But because the time was then somen hut far
•pent, they Ordered, ' That the House with
Mr. Speaker, should meet ut ait the next
morning in the house.'
Yet afore their rising, ihey thought fit to
name a Committee, to set down the effect of
that which Mr. Spenker was to deliver from
tit* house to tbc king, viz, sir Francis Bacon,
Mr. Weotworth, Mr. Martin, Mr. Serj. Sing,
sir Rob. Wroth, Mr. Fr. Moore, sir Henry
Mountague, sir Wm. Fleetwood, Mr. Fuller,
Mr. Serj. Tuuneld, Mr. Serj. Hobbard, sir
Robert Wiugficld, Mr. Hide, Mr. Diet, Mr.
Winch, sir Edwin Saudis, sir Fr. Hastings,
Mr. Wiseman, sir Geo. Moore, sir Edw.
Hobby, sir Rob. Cc.tton, sir Tim. Lake, sir
Oliver St. John, sir Edw. Stafford, Mr. An-
throbus, Mr. Serj. Dodridge, sir Roger Wil-
bruharo, Mr. Solicitor, sir Edw. Tyrrel, to meet
at 4 o'clock this afternoon at the P»rltnment-
Cuamber in the Middle-Temple.
Iiit Merturii, w. 28 die Martu.
Mr. Speaker, with a great number of the
house, assembled at 6 a-dock this morning,
with a purpose to treat and resolve what should
be delivered to his majesty, (being appointed to
attend him the same morning at 8 a-cluck)
touching the Reasons of their Proceedings in
sir Francis Goodwin's Case: but because the
bouse was not then thought full enough for a
matter of that consequence, they proceeded to
the reading of Bills.
Upon motion touching Mr. Speaker's attend-
ance on the king, a Committee was named to
accompany him, vi*. All the Privy-Council,
being members of the house: Sir George Carew,
Vice-Chamberlain to the queen, sir Francis
Bacon, Mr. Serj. Dodridge, sir Henry Moun-
tague, Mr. Serj. Hobbard, Mr. Serj. Lee, Mr.
Fuller, Mr. Hide, Mr. Francis Moore, Mr.
Winch, Mr. Tate, Mr. Rd. Martin, Mr. Serj.
Shirley, Mr. Serj. Tanfield, sir John Heiglmm,
sir Rob. Osco bridge, sir Wm. Fleetwood, sir
Kdwju Sandis, sir Rob. Wroth, sir George
Fleetwood, sir John Scott, sir Herbert Crofts,
sir James Scudamorc, sir Jerome Horsey, sir
Edw. Radcliuc, sir Tbo. Holer oft, sir Anthony
Rowsc, sir Henry Nerill, sir Edw. Mountague,
sir Tbo. Hobby, sir Michael Sandis, Mr. Tho.
Bfiisoii, sir Fr. Fane, sir Fr. Hastings, sir Geo.
Moore, sir Edw. Hobby, sir Robert VVingfield,
sir Maurice Berkley, sir Edw. Tyrrell, sir Wm.
Killetircw, sir Fr. Popbum, Mr. Fr. Clifford,
air John Savill, sir Tho. Waller, sir Wm Lower,
Mr. Nuth. Bacon, sir Rd. Vcniey, sir George
Fane, Mr. Toby Matthew, sir Tho. Ridgwav,
Mr. Edw. Seymour, sir Wm. Buurlacy, sir Rob.
Moore, sir J una. Trelownev, sir Edw. Denny,
sir Tbo. Walaingliruti, .sir Fr. Bnrrington, sir
Robert Nnppier. sir Valentine Knigiitley, sir
George Carew, Master of the Chancery, sir
Nidi. Halsnell, sir John Thymic, sir Tbo.
Frcnke, sir Jerome Howes, sir Edw. Herbert,
sir John Leveson, Air. Dudley Carle ton.
Mr. Speaker, together with these Commit-
tees, were this day, at fJ in tho morning, ap-
pointed to attend his majesty, and to relate the
Reasons of the Proceeding of the bouse iu sir
Francis Goodwin's Case; where, upon Ansner
or Reply, such lawyers .is be of the Committee
arc to give their assistance.
Die Jovit, vit. 29 die Martii, 160*.
Mr. Speaker relateth what he had delivered
to the king by warrant from (be house the day
y?]
STATE TRIALS, ] James I. 1G04.— and Sir Mm Fortescve.
[US
before, toucliiog tlieir Proceeding in sir Francis
Goodwins Case, and his majesty's Answer;
whereof*, because part was afterwards penned
bv select Committees, read in the house, and
offered in writing to the king, " I have but
teuched the Heads, omitting many circum-
stances." lie said, he first delivered, J. The
Manner and Matter. 2. Then such Precedents
a? had been vouched and stood upon. 3. He
n-jened the body of the Law for Election. —
Ite first Writ ot Summons, dated ultimo Ja-
curii before the Parliament : the Writ issued
cuiv; the liberty was free, by that writ, to
cause in pUno comiiatu : the Flection was made
according to that writ, unci the Indenture duly
returned; und therefore adjudged by the house,
* That this first election bemjr ^ood, the second
• «a> consequently void/ — For the mutter of
Utlawry against sir Francis Goodwin, there
was one prosecuted against him at the suit of
Johnson, 31 Eliz. for 00/. and was laid ami
proceeded in the Hustings, Ixmdon. Another,
at tl« suit of one Hacker, for 16/. 39 Kliz.
Hut *>ir Francis had since been chosen, nd-
m.tred, and served as a member of this house,
in the several parliaments holden 39 and 43
Eii/. Tliat the Uilawry remained in the
Huntings, so as the law could not take notice
o- it; neither was it pleadable. — 1 Eliz. One
Smith was found utluwed, and pri\iiegcd by
the house. — 23 Eliz. One Vau«han utiawed ;
snH, upon the question and division of the
h "lm.-, privileged : beinz carried with the dif-
kreuce ot sii voice*.— 35 Eliz. Three prece-
cmt* vouched.— 39 Hen. G.* Fitz-Herbert.
Th* ease not judged ; but Opinions delivered.
—Mr. John Killegrew having 52 utluwries re-
turned ac'iinst liiin, was admitted to serve in the
bouse. Sir Win. Harecourt was found IB times
uhwed, and yet was admitted to serve. — The
Luiimcr ot the Election is limited bv the Sta-
tute. 1 he Mippo«-cd Utlawry, 31 Kliz. against
*<rFrinci>. was* no iittavt:\ at all: for when so-
«er a nriii is sued, the proclamation omj.t to
l* mtv i he county when* the party duellcth;
'•M-* the lit' iwry is not good.-— 39 ov 43 F.l:/.
1W antral Pardon \* pood lor I'llawries,
1*10 t :J|, saving the party at whose suit. —
Sllli. It wa« Francis-cu* Goodwin, Gen. —
3' Khz. Franciscus Goodwin. Armiir- The
ifrr.if i> no judge of the utlawry, neither c-iuld
liAf iij'K'.' it was the same man; and therefore
5-i-j! i n r propc rly return him utiawed.*'
lb- Majesty answenwl, u He was loth hj?
>'riif.H |j«f forced to alter hi> tune; and tl::it he
*i»iM now change it into matter of urief bv
»j\ irt c munition. He did sample it to the
::.:nij;ir and contradict i-m of the people of
l»r..,-L — lit* did not attribute the cause of hi*
• Hi-re the acriirite Editor of the printed
L-rn-rls makes this n-sinrk, " Tin? wordi <W
ii u. • teem to be im* roperly inserted here, and
«•'. bi l lie Hook of Note?, pi:1 red before the
:-'i>u>n of Smyth's Case, 1 Eli/, and in the
"•-.-.in of the Journal itself against these words
* •ruwn Quxre."
vol. ji.
grief to any purpose in the house to offend him ;
but only to a misinkiii" of tlie law. For mat-
ters of fact, he answered them all particularly.
That, for his part, he wns indifferent which of
them were chosen, sir John, or sir Francis : that
they could suspect no special alfection in him,
because this was a Counsellor not brought in
by himself. — That he had no pur}K>se to im-
peach tlieir privileee; but since they derived
all matters of privilege from him, and by his
grunt, he expected they should not be turned
against. That there was no Precedent did suit
this case fully : Precedents in the times of
Minors, of Tyrants, of Women, of Simple
Kings, not to be credited; because for some
private ends. Uy the law this house ou<iht not
to meddle with Returns, hciii'j; alt made into
the Chancery, and are to be corrected or re-
formed by that court only, into which they are
returned." 35 Hen. 6. it was the Resolution
of all the Judges, that matter of Utlawry was a
sufficient cause of dismission of any member
out of the liouse. That the Judges have now
resolved, That sir Francis Goodwin standeth
utiawed according to the laws of this land. In
conclusion, it was his majesty's special charge
unto us ; — That, 1. The course' already taken
should be truly reported. 2. That we should
debate the Matter, and resolve among our-
selves. 3. That we should admit of Conference
with the Judges. 4. That we should make re-
port of till the Proceedings unto the Council."
This Relation being made, the House did
not enter into any further consideration of the
matter at that time; but Resolved and Ordered,
" That it should be the first matter moved th«
next morning.
a
Die Veneris, viz. 30 du Murtii, 1G04.
Moved and urged by one, touching the Dif-
ference now on foot between the King and the
House, " That theie is just fear of some tireat
abuse in the hi".- Election. That in his con-
science the Kin^ lmih been much misinformed;
and that he had too many misin limners, \>hich,
j he prayed God, mi-Jit be renin vd or lessened
in their number. That now the Case of Mr
John Forte*rue and sir Francis Goodnin was
become tbeeasc of the whole Kingdom. That
old Lawyer** forget, and 'commonly interpret
the law acrorihn-4 to the time. — That by thi->
course the free Election of the country is taken
a\\av, n:el mme shall be chosen but such as
-Imfl ulea^e the King and Council. Let us
therefore, ^'.'!i fortitude, understanding and
.sincerity, >=cck to maintain our Privilege; v.lm h
cannot he taken or construed any contempt in
us, but merely a maintenance of our common
riaht, which uur ancestors ha\e left us, and is
just and tit for us to trrm-t-r to our posterity."
Another, lor a law to be made, "That
never anv man outlawed, should «dicw his face
here njrain. I tic dith rence, he observed, was
sniiie imrespectivc carriase towards hismnjesty
in this matiei ; and therefore let our proceed-
m«r be dutiful ami cartful towards hin», in au-
vising ot' some kpeefly coui»e to j»ive his majesty
99] STATE TRIALS, 1 James I. 160*.— The Cote between Sir Francis Goodwin, [100
satisfaction ; that is (as he conceived) accord-
ing to the King'* project, tint, to advise
among«t ourselves, and then to confer with the
Judges, n*jt as Parliament-men, but as Coun-
sellors ; not as though they were to reverse
our errors, but thut we might be better in-
formed ; not now the Case of sir John and sir
Francis, but a Case of great difference between
the king and us, wherein we are deeply to con-
sider the consequence if this pique be bruited
in the country, abroad or beyond the seas. It
is fit we let the king see how much we take to
heart this matter, sithence our affections have
so much appeared in the passing and present
expediting of the Act of Recognition, &c."
Cunclut. That we should tender our hum-
ble Petition to his majesty, for leave to make a
Law for the banishing of all Outlaws hereafter
from the Parliament, and pray, that we may
bold all our Privileges entire.
A Third, " That we ought not to contest
with the king; that it is fit to have a Confer-
ence : that by it we shall lose no Privilege, but
rather gain ; for the matters of the Conference
will be two, satisfaction of the king, and putting
in certainty our Privilege. All is not yet said
that may be said ; we are not to dispute with
one that is governor of thirty legions. Conji-
tendum est ne J'rustra interrognsset. . Let us
deal plainly and freely with the Lords, and let
them know all the reason*. They are jealous
of the Honour of a Privy-Counsellor, we or the
Freedom of Election, it is fit great men main-
tain the Prerogative ; so is it fit that we main-
tain our Prn ileges. This is a Court of Record,
therefore ought we by all means seek to preserve
the honour and dignity of it. If a burgess l»e
chosen tor two places, the burgess makes his
choice for which he will serve, and a warrant
shall be directed from Mr. Speaker, in the
name of the house, to the Clerk of the Crown
to send forth a Writ for a new Election for the
other place left ; which is a direct proof that it
is a Court of Power and Record. We have a
Clerk and a Register; all matters that pnjs
here are entered of Record, and preserved. As
they stand for the honour of a Counsellor, so
we for our Privileges. It is to be wished, that
we had a law to declare our Privileges, that
we have a Court of Record and a Register."
Obi. We (they say) are but half of the
body, and tike Lords are the parts nearest
the head.
Ant. Nothing ascends to the Head hut by
the Breasts, cVc. — &mcL That we may pray
it may be explained by a law what our Privi-
leges are ; and that no man outlawed uiuy
hereafter be admitted. — There must be a Judge
of the Return before ue sit; and this is now
judged according to the positive laws of the
realm by lite king, which ilifnugeth not our
liberty, siuce we judge after the court is set,
according to discretion. — No precedent, that
any man wus put out of the house lor utlawry ;
therefore it had been tit we should have de-
sired to iaforni the king that he was inmn-
ikrmed. — Let 111 now leave this particular Case
to the king, and consider and resolve of the
material Questions that will fall out in the
debate of it. 1. Whether this Court haih
power to take notice of Returns made before
we sit here ? 2. Whether men utlawed may be
of the house? 3. Whether a man pardoned,
having not sued forth a writ of Scire facias, may
be called in question ? 4. Whether the Writ
were returned thp 17 th of Feb. or no, upon
oath of the sheriff ?"
Some others were strong in opinion, That
we ought not to confer nor to commit, saying,
" That majesty had conferred with Justice;
yet majesty had left the stopping of the wound
to us. We should taint ourselves with three
great blemishes, if wo should alter our Judg-
ment, levity, cruelty and cowardice. There
be three degrees of upright Judgment, motion,
examination, judgment: all these have passed
us. No Court can reform their own judgment.
Every day a Term here. Every act that
passeth this house is an Act of Parliament,
Shall justice float up and down ? Shall he be a
member to-day, and shall we tear him off to-
morrow ? If the member be sound, it is vio-
lence : if the hand tear the rest, it is cruelty.
No part torn, but it may bleed to the ruin of the
whole. Let sir Francis Goodwin stand as he if :
duty and courage may stand together ; let not
the house be inveigled by suggestions. This
may be called a Quo Warranto to seize our
Liberties.
There hath been three main Objections.
1. -The King's Exception. * We could shew
no precedent in this kind/
Answ. ' The King could show no such Writ
' before. Our hands were never sought to he
* closed before, nor we prevented. It opens
' a gap to thrust us all into the Petty-Bag. A
1 Chancellor may call a Parliament of what
' persons he will by this course. Any sugges-
4 tion by any person, may be cause of sending
' a new* Writ.'
il Obj. by the Lord-Chief-Justicc. « By the
Law we had nothing to do to examine
Returns/
Answ. ' Judges cannot take notice of pri-
vate Customs or Privileges : but we have a
Privilege which stands with the law/. The
Judges informed the king of the law, but not of
a case of privilege. It is true, 35 Hen. 6. all
the Judges resolved, That no outlawed man
ought to be admitted ; but that was controlled
by parliament. It is the same Opinion now;
let us control it as then : we have done no of-
fence to the state ; let us therefore be constant
in our own Judgment.
3 Obj, Another, * The king's pleasure, that
we should deliver the Reasons of that we
have doiv to be just/
If we clear our contempt, we have discharged
ourselves. The king's Bench cannot reveise
their Judgment the same Term; therefore not
the Parliament. Let us send a message to the
lords, that we are ready so to do, as we do not
undo this house.
Others, Non coronabitur qui non legUu
101]
STATE TRIALS, 1 James I. 1(504.— and Sir John Fortescue.
cer titer it. Not to be termed a difference be-
tween his majesty and the commons. Rogumus,
AugHMte, n«n pugnamtu. The Question is not
of matter of Privilege, but of Judgment. Let
di attend them as lords of the council, and not
as lords of parliament. — We do no ways contest
or cooteud with his majesty. The king is no
•ay bound in honour. If writ9 go forth un-
duly, they may be controlled without impeach-
■eat to the king's honour. It is the act of his
■ferior officers. It is now come to this ques-
tion, ' Whether the Chancery or Parliament
'ought to have authority ?'
Quest. Whether we ought to satisfy the
king in his commandment ?
The King's message was that we should con-
sider within ourselves, and resolve of ourselves;
then no need to confer with the Judges : if we
cannot, then it is lit to be resolved by the
Judges. The Judges have judged, and we have
judged : what need then of Conference ? Let
there be no spark of that grace taken from us,
which we have had already from his majesty.
Let our reasons be put into Article?, and deli-
vered in all humbleness unto him.
Upon the conclusion of this Debate in this
Banner, the House proceeded to question ; and
the first was,
1. Quest. Whether the House was resolved
in the matter ?
And the Question was answered by general
voice, That the whole house was resolved.
2. Quest. Whether the Reasons of their
proceeding shall be set down in writing?
Resolved, That they shall be set down in
writing: and ordered further* That a Committee
should be named for that purpose, and appoint-
ed first to set them down in writing, and to
Wing them to the House, there to be published,
lad to receive their allowance.
The Committees were instantly named, viz.
sir Rob. Wingfield, sir Geo. Moore, sir Fr. Ba-
eaa, Mr. Yekerton, Mr. Dyett,sir Fr. Hastings,'
Mr. Hedley, Mr. Recorder of London, sir Edw.
Hobby, sir Fr. Barrington, Mr. Wiseman, Mr.
Hale, Mr. Fuller, sir Edw. Mountague, Mr. Ra-
Hsscroft, sir W. Fleetwood, Mr. Winch, sir
Tao. Challoner, Mr. Solicitor, sir Roger Wil-
Waham, sir John Thynne, Mr. Martin, s-ir
Arthur Atye, Mr. Francis Tate, sir Roland
Litton, sir Henry Nevill, Mr. Attorney of the
Wards, sir John H oil is, sir Hob. Wroth, sir
John Scott, Mr. Hitcham, sir Edw. Stafford,
it John Mallory, sir Herbert Crofts, sir Fr.
Fane, sir lid. Molyneux, sir John Hungerford,
fir Edw. Herbert. All the Serjeants at Law.
Mr. NutlL Bacon, Mr. Ilext. To meet this
afternoon in the Exchequer-Chamber. .
Tlie authority given unto them by the House,
was this:
44 The House being resolved upon the ques-
tion. That the Reasons of their precedent Re-
solution, touching the Return, Admittance and
Retailing of sir Francis Goodwin as a member
of this bouse, should be set down in writing:
these Committees were specially appointed to
perform that service, and have Warrant from the
[102
house to send for anyofticer, to view and search
any Record, or other thing of that kind, which
may help their knowledge or memory in this
particular service : And having deliberately by
general consent set down all such reasons, they
are to bring them in writing into the house,
there to be read and approved, as shall be
thought fit."
Die Luna, viz. 2 die A prills, 160*.
It was then moved, That Committees might
he named to take the examination of the sheriff
of Buckinghamshire, who was by former order
sent for, and now come. And to that end were
named, Mr. Solicitor, sir Rob. Wroth, sir W.
Fleetwood, sir Tho. Challoner, sir Rob. Wing-
field, Mr. Serj. Tanfif Id, Mr. Serj. Lee, Mr.
Yelvcrton, Mr. Fr. Moore. Who uere ap-
pointed to take his Examination presently.
Sir Charles Cornwallis moveih in excuse of
sir Francis Goodwin's absence from the house,
and prayeth, " That they would as well in their
own judgment pardon it, as witness and affirm
his care and modesty upon all occasions to the
king, u\ that he hath forborne, during all the
time of this question, to come into the house."
The Examination was presently taken by
these Committees, and returned in this form.
Interr. 1. Why he removed the county from
Aylesbury to Brickhill ?
He saith, It was by reason of the Plague being
at Aylesbury, the county being the 26th of Jan.
at which time three * ere dead of the .plague
there. This was the only motive of removing
his county.
Inrerr. 2. Whether he were present at the
first Election ?
Saith, He was present ; and was as faithful
to wish this second place to sir Francis Good-
win, as the first to sir John Fortescue : sent sir
Francis Goodwin word, before the election, he
should not need to bring any freeholders, for
the election he thought would be without scru-
ple for them both ; first to sir John, second to
sir Francis. About 8 of the clock he came to
Brickhill; was then told by sir George Throck-
morton, and others, that the fin>t voice would
be given for sir Francis ; he answered, He hoped
it would not be so, and desired every gentleman
to deal with his freeholders. After eight of the
clock went to the election a great number, there
being at the county, * * * After the Writ read,
he first intimated the points of the Proclama-
tion ; then jointly propounded sir John Fortes-
cue and sir Francis Goodwin. The Freehold-
ers cried firsl, ' A Goodwin, a Goodwin !' Every
Justice of Peace on the Bench said, ' A For-
tescue, a Fortescue 1' and came down from the
Bench hefore they named any for a second
place, and desired the Freeholders to name sir
John Fortescue for the first. Sir Francis Good-
win being in a chamber nenr, was ?ent for by
the Sheriff and Justices ; and he came down
and earnestly persuaded with the Freeholders,
saying, Sir John was his good friend, had been
his father's, and that they would not do air John
that injury : notwithstanding the Freeholders
103] STATE TRIALS, 1 James. 2001 The Case between Sir Francis Goodwin, [104
discerning ; shewing affectionate desire rather
to receive satisfaction to clear us, than cause to
pardon us: we do in nil humbleness render our
most bounden thanks tor the same; protesting,
by the bond of our allegiance, that we never
hud thought to offend your majesty ; at whose
feet we shall ever lie prostrate, with loyal hearts,
to sacrifice ourselves and all we have for your
majesty's service : and in this particular, we
could find no quiet in our minds, that would
suffer us to entertain other thoughts, until we
had addressed our answer to your most excel-
lent majesty ; far which nevertheless we have
presumed of the longer time, in respect we have
prepared some precedents, requiring search, to
yield your majesty better satisfaction.
There were objected against us by your ma-
jesty and your reverend judges, four things to
impeach our proceedings, in receiving Francis-
Goodwin, knight, into our house.
Objection W, 'The first, That we assume
' to oui selves power of examining ff the
' Elections and returns of knights and bur-
' ge«MS, which belonged to your majesty's
' C'bancerv, and not to us: for that all Re-
* turns of Writs were examinable in the
i courts wherein they are returnable ; and
' the parliament writs being returnable
' into tjie C'bancerv, the rt turns of tliena
' must, needs be there examined, and not
' with us.'
Our humble Answer i*, That until the 7th
Hen. 1. all Parliament-Writs were returnable
inio the parliament ; as appeareth by many
precedents of record ready to be shewed, and
consequently the returns there examinable: in
which year a Srirute was made, Thar thence-
forth everv Parliament-Writ , conLiinini! the
would not desist, but all cried, » A Goodwin, a
Goodwin !' some cryiun, • A Fortcscue,' to the
number of 00, or thereabouts ; the oilier for
«ir Francis Goodwin, being about 2 or 300 :
and sir Francis Goodwin, to his tlunking, dealt
-very plainly and earnestly in this matter for sir
John Eortescue ; for that sir Francis Goodwin
did so earnestly protest it unto him.
Intcrr. S. Who laboured him to make the
Return so long before the day. of the Parlia-
ment ?
He being here in London, Mr. Attorney Ge-
neral, the 2nd of Murch, at his chamber in the
inner Temple, delivered him two Cap. Utlagat.
against sir Francis Goodw in ; and before he
made his Return, he went and advised with Mr.
Attorney about his Return, who penned it, and
so ic was done by his direction : and the Return
being written, upon Friday after the king's
coining through Loudon, near about my Lord
Chancellor's Gate, in the presence of sir John
Fortescue, he delivered the Writ to sir George
Coppiu : and at this time (it being about 4 in
the afternoon) and before they finned, sir John
Fortocuc delivered him the second Writ >ealed ;
sir John Foitescue, sir George Coppin, and
himself, being not al>ovc an hour together at
that time, and never had but this new Writ
of Parliament to him delivered. Subscribed,
Francis Cnr.Y.\E.
This was" returned by the Committee to the
hands of the Clerk, but not at all read in the
house. — Mr. Speaker remembereth the matter
of Conference with the Judges, and offered to
lepeat and put again the Question* that were
formerly made ; being befoie uncertainly and
imperfectly left (as he said) in the Case of Buck-
inghamshire, viz.. 1. Whether the House were
resolved in the matter? 2. Whether thev should
comer with the Judges? And at length induced
the house to entertain the latter Question ; and
being made, was carried by general voice in the
negative, no conference.
Upon this passage, it was urged for a rule,
That a Question being once made, and carried
in the affirmative or negative, cannot be ques-
tioned again ; but must stand as a Judgment of
the house.
it was thought fit that Mr. Speaker should
attend the Committee for ]>emiing the Reasons
in sir Francis Goodwin's Case, not by com-
mandment, but voluntary of himself.
Die Martis 3 die Apr i lis , 1604.
The Reasons of the proceeding of the house
in Ur Francis Goodwin's Case, penned by the
Committee, were, according to former order,
brought in by Mr. Francis Moore, and read by
the Clerk, directed in form of a petition.
M To the King's most excellent Majesty, The
humble Answer of the Commons Hou«e of
Parliament to his Majesty's Objections in
sir Francis Goodwin's ('use.
" Most gracious, our dear and dread sovereign ;
Relation being made to us by our Speaker,
of your majesty's reynl clemency and patience
m hearing us, and of your princely- prudence in
day and place where the parliament shall be
holden, should have thi-> clause, viz. ' Ft elec-
( tionein tuain in pleno comitatu lactam dis-
' tincre et aperte sub sigillo tuo et sinilhs eorum
' qui election! illi mterluerint nobis in Cuncel-
' lurium nostram ad diem et locum in btevicon-
' tent.* certilices indilate.'
By ihi«, although the form of the Writ be
somewlmt altered, yet the power of the parlia-
ment, to examine mid determine of elections*
remaincth ; fwr so the statute hath been always
expounded ever sithence, by use to this day :
and for that purpose, the Clerk of the Crown
hath always used to attend all the Parliament-
time, upon the Commons House with the Writs
and Returns; and al>o the commons, in the
beginning of every parliament, have ever used
to appoint special committees, all the parlia-
ment-time, for examining controversies con-
cerning elections and returns of knights and
burgesses : during which time, the writs and
Indentures remain with the Clerk of the Crown,
and after the Parliament ended, and not before,
are delivered to the Clerk of the Petty-bag in
Chancery, to be kept there ; which is warrant-
ed by reason and precedents : Reason, for that
it is At that the returns should be in that place
examined, where the appearance and service of
the writ is appointed. The appearance and
105]
STATE TRIAlS, 1 James I. 160 k— and Sir John Forkacuc.
[10*
service it in parliament, therefore the return
examinable in parliament.
Precedents: One in the 29th of the late
queen Eliz. where, after one Writ awarded into
Norfolk for choice of knights, and elections
made and returned, a second was before the
Parliament-day awarded by the Lord Chan-
cellor, and thereupon another election and re-
turn made ; and the Commons being attended
with both Writs and Returns by the Clerk of
the Crown, examined the cause, allowed the
fat, and rejected the second. So anno 23
Eln. a Burgess was returned dead, and a new
chosen, and returned- by a new Writ, the party
returned dead appeared ; the Commons, not-
withstanding the Sheriff's return, admitted the
first chosen, and rejected the second. Also,
the said 23d year, a Burgess chosen for Hull
was returned a lunatic, and a new chosen upon
a second writ : the first claimed his place ; the
Commons examined the cause, and finding the
return of Lunr-^y to be true, they refused him ;
but it it had been false, they would have re-
ceived him. Anno 43 Eliz. the Sheriff of Rut-
landshire returned himself elected ; the Com-
mons finding that he was not eligible by law,
sent a Warrant to the Chancery for a new
writ to choose a new. Anno 43 Eliz. also a
Burgess was chosen for two Boroughs; the
Commons, after he had made election which he
would serve for, sent Warrant to the Chan-
nrv for a Writ to choose a new for the other
borough : of which kind of precedents there
are many other, wherewith we spare to trouble
your majesty. All which together, viz. Use,
Reason and Precedents, do concur to prove the
Chancery to be a place appointed to receive
tite returns, as to keep them for I lie Parliament,
bat not to judge of them ; and the inconveni-
ence might be great, if the Chancery might,
•pun suggestion** or sheriffs returns, send Writs
nr new elections, and those not subject to ex-
amination in parliament: for, so, when fit men
were chosen by the counties and boroughs, the
Lord-i hancellor, or the sheriffs, might displace
tboa, and send out new Writs, until some were
cvflen to their liking ; a thing dangerous in
precedents for the time to come, howsoever we
rejr sec on lv from it at this present by the now
Lord Chancellor's integrity.
Objection 9. 'That we dealt in the cause with
* too much precipitation, not seemly for a
* council *ot gravity, and without respect
* to your most excellent majesty, our sove-
* reign, who had directed the writ to be
' made; and being but half a body, and
' no court of record alone, refused confe-
' rence with the lords, the other hal», not-
* withstanding they prayed it of us.'
Our bumble answer is, to the precipitation,
That we entered into this cause, as in other
parliaments of like cases hath been accustomed,
Oiling to us the clerk of the crown, and view-
■5 bu«h the writs, and both returns ; which in
o*es of * * * and motions, though not of bills
requiring three readings, hath been warrant by
•nauDual UMge amongst us: and thereupon,
well finding that the latter writ was awarded
and sealed before the Chancery was repossessed
of the former, which the clerk of the crown,
and the sheriff of the county, did both testify,
and well held to be a clear fault in law, pro-
ceeded to sentence with the less respect ot the
latter election. For our lack of respect to
your majesty, we confess, with grief of our
hearts, we are right sorry it shall be so con-
ceived ; protesting that it was no way made
know n unto us before that time, that your ma-
jesty had taken to yourself any special notice,
or directed any course in that cause, other than
the ordinary awarding writs by your highnesses
officers in that behalf: but if we had known
as much as some will have, by your majesty's
royal mouth, we would not, without your ma-
jesty's privity, have proceeded in that manner.
And further, jt may please your majesty to
give us leave to inform you, That in the ex-
amination of the cause of the sheriff avouched
unto us, That Goodwin agreed to yield the
first place of the two knights to sir John For-
tescue, and in his own person, at the time of
election, with extraordinary earnestness, en-
treated the electors it might so be, and caused
the indentures to be made up to that purpose ;
but the electors utterly refused to seal them.
Concerning our refusing conference with the
lords, there was none desired until after our
sentence passed ; and then we thought, That
in a matter private to our house, which, by
rules of order, miKht not be by us revoked, we
might, without any imputation, refuse to con-
fer. Yet understanding by their lordships,
That your majesty had been informed against
i.s, we made haste (as in all duty we were
bound) to lay. open to your majesty, our good
and gracious sovereign, the whole manner of
our proceeding ; ' not doubting, though we
' were but part of a body, as to make new
' laws, yet for any matter of privileges of our
' house, we are and ever have been a court of
• ourselves, of sufficient power to discern and
( determine without their lordships, as their
' lordships have used always to do for theirs
< without us.'
Objection 3. ' That we have, by our sentence
' of receiving Goodwin, admitted, That
' outlaws may be makers of laws ; which
' is contrary to all laws.'
Our humble Answer, That notwithstanding
the precedents which we truly delivered, of
admitting and retaining outlaws in personal
actions m the commons house, and none re-
mitted for that cause ; yet we received so great
satisfaction delivered from your royal majesty's
own mouth, with such excellent strength and
light of reason, more than before, in that point,
we heard or did conceive, as we forthwith pre-
fmred an net to pass our house, That all out-
aws henceforth shall stand disabled to serve in
parliament: but as concerning Goodwin's par-
ticular, it could not appear unto us, having
thoroughly examined all parts of the proceed-
ings against him, that he stood an outlaw, by
the laws of England, at the time of the election
107] STATE TRIALS, 1 James I. l(m.±-Thc Cote between Sir Francis Goodwin, [109
mnde of him by the county; and that for two
causes : the first is, That where the party out-
lawed ought to be five times proclaimed to ap-
pear in the sheriff's county court ; and then
not appearing, ought to be adjudged outlawed
by the judgment of the coroners of the county ;
there uppeareth no record made in the Hustings
of London that Goodwin was five times pro-
claimed, or that the coroners gave judgment of
outlawry against him : but a clerk, lately come
to that office, hath now, many years after time,
and since this election, made entries, interlined
with a new hand, that he was outlawed : to
which new entries we could give no credit, for
that the parties, at whose suit Goodwin was
saed, have testified in their writings of release,
That they never proceeded further than to take
out the writ of Exigent for an outlawry ; and
being then paid their money desisted there :
by which we find, That Goodwin wus not five
times proclaimed, nor adjudged outlawed, be-
ing a thing usual in London to spare that pro-
clamation and judgment, if the party call not
upon it; and no record being made for many
years together, that either of them was done.
The second Cause was, for that the Writ of
Exigent by which the sheriff was commanded
to proclaim him five times, was never lawfully
returned, nor certified by Certiorari; without
which, we take it, That Goodwin stood not
disabled as an outlaw.
To this, adding the two general Pardons by
Parliament, which had cleared the outlawry in
truth and substance, (if any were) and that
Goodwin could not apply the pardons by Scire
Ja. for that no record nor return was extant of
the outlawry, whereupon he might ground a
Scire fa. we were of opinion, and so your ma-
jesty's most reverend judges would have been if
they had known thus much, That Goodwin
stood not disabled by outlawry to be elected or
serve in parliament : but when we considered
further, That the course taken against Good-
win for drawing him into this outlawry of pur-
pose to disable him to serve in this place,
whereto the county had freely elected him,
was unusual; we could not, with the reputa-
tion of our places, serving as a council of
gravity, in allowance or continuance of that
course, censure him to be rejected ns uti outlaw :
the particulars of which were these, viz. — Two
exigents awarded, * * * the other seven years
past to the Hustings in London ; no entry
made of five proclamations; nor of any judg-
ment of the coroners ; nor any return of the
exigents mnde or endorsed ; the party plain if
satisfied ; the pretended outlawries being but
upon a mean process; and as to your majesty's
duties and contempts pardoned now since
Goodwin was elected knight, the exigent now
sought out since the election procured to be
returned in the name of the sheriffs that then
were, and are long since dead, and new entry
made of the five proclamations and coroners
judgment; and naw a return made of that old
exigent, which could be of no use, but only for
a purpose to disable him lor that place. Upon
all which we could do nd less in true discretion
than certify the election made secundum equum
et bonum.
Objection 4. 'That we proceeded to exa-
' mine the truth of the fact of Outlawry,
1 and gave our Sentence upon that :
' whereas we ought to have been bound
' by the Sheriff's return of the Outlawry
' from farther examining, whether the
' party were outlawed or not.'
Our humble Answer is, That the Precedents
cited before, in our answer to the first objec-
tion, do prove the use of the Commons House
to examine veritatem facti in elections, and
returns, and have not been tied peremptorily to
allow the return ; as if a knight or burgess be
untruly returned dead or lunatic, yet when lie
appeared to' the house to be living and sound,
they have, contrary to the return, received
him into the house, preferring the truth mani-
fest before the return. By which discreet pro-
ceeding there is avoided that great inconveni-
ence above-mentioned of giving liberty to She-
riffs, by untrue returns, to make and remove
whom they list to and from the parliament
service, how meet soever the parties be in the
judgment of the county or borough that elected
them. — Thus, in all humility, we have presented
to your most excellent majesty the grounds and
reasons of our lute action, led with no affec-
tions, but guided by truth, warranted in our
consciences, imitating precedents, maintaining
our ancient privileges, honouring your excellent
majesty in all our services; to which in all
loyalty and devotion we bind us and ours for
ever, "praying daily on the knees of our hearts,
to the majesty of the Almighty, that your ma-
jesty and your posterity may in all felicity reign
over us and ours to the end of die world."
These Reasons so set down and published to
the House, Mr. Secretary Herbert was sent
with message to the lords, That the house had
resolved of their Answer to his majesty, (in sir
Francis Goodwin's Case) and had set it down
in writing, and that it should be sent to their
lordships before 4 of the clock in the afternoon ;
who immediately returned their Lordships An-
swer, That they would be ready at that time
in the Council-Chamber at Whitehall, with SO
of the lords, to receive what then should be
delivered. Then were named threescore to
attend the delivery of the said Reasons at the
time and place aforesaid.
Eodem die, p. m.
The House entering seriously into consulta-
tion what course was to be held with the lords;
as also fulling into more length of disputation
touching the Bill of Merchants*, than were ex-
pected, sent some messengers to the lords, to
excuse their lone tarrying, viz. Sir Edward
Hobby, sir Ro. Wilhrahani, sir Hen. Ncvil, sir
Fr. Hasting*, Mr. Marty n.
This afternoon about 5 o'clock the Com-
mittee appointed did attend to deliver the
Reasons aforesaid at the Council-Chamber ac-
cording to appointment and order of both
houses ; and they were delivered by sir Francis*
109]
STATE TRIALS, 1 James I. \00k- and Sir John Fortescve.
[110
Bacon, one of the Committee, with desire,
That their lordships would be mediators in the
behalf of the house, for his majesty's satis-
faction.
Die Mercuriiy vi*. 4 die Aprilis 1604.
Sir Francis Bacon having the day before
delivered to the lords in the Council-Chamber
of Whitehall, (according to the Direction of the
souse) the Reasons in writing, penned by the
Committee, touching sir Francis Goodwin's
Case, maketh report of what passed at the time
•f the said delivery. First, That though the
Committees employed were a number specially
deputed and selected ; yet that the lords ad-
mitted all burgesses without distinction ; that
they offered it with testimony of their own
speed and care in the business, so as t&ey said
ao one thing bad precedency, but only the Bill
•f Recognition ; that they had such respect to
the weight of it, as they had not commuted it
to any frailty of memory, or verbal relation,
bat pot it into writing for more permanent
memory of their duty and respect to his ma-
jesty's grace and favour*, that in conclusion
they ' prayed their lordships, sitbence they had
■carer access, they would co-operate with them
for the king's satisfaction ;' and so delivered
the Writing to the Lord-Chancellor, who re-
ceiving it, demanded, Whether they should
•end it to the king, or first peruse it ? To which
was answered, That since it was the king's
pleasure they should concur; they desired their
lordships would first peruse.
The lotd Cecil demanded, Whether they
had Warrant to amplify, explain, or debate any
doubt or question made upon the reading ? To
which it was said, They had no Warrant. And
so the writing was read, and no more done at
that time.
Die Jovit, viz. 5 die Aprilis, 1604.
Mr. Speaker by a private commandment at-
tended die King this morning at eight o'clock,
sad there staid till ten.
Mr. Speaker excuseth his absence, by reason
at was commanded to attend upon his majesty.
Aad bringeth Message from bis majesty to this
dart : That the King had received a parch-
SMat from the house. Whether it were an
issalutc resolution, or reason to give him satis-
faction, he knew not : He thought it was rather
attended for his satisfaction. His majesty pro-
tested, by that love he bare to the house as his
Wing and loyal subjects, and by the faith he
did ever owe to God, he had as great a desire
to maintain their privileges, as ever any prince
had, or as themselves. He had seen and con-
sidered of the manner and the matter ; he had
heard his judges and council ; and that he was
now distracted in judgment. Therefore, for his
farther satisfaction, he desired, and com-
saanded, as an absolute kins, that there might
be a Conference between the House and the
Judges ; and that for that purpose there might
I a Select Committee of grave and learned
person* out of die house: that his Council
■right be present, not as Umpires to determine,
bat to repot^indiiaVrently op both sides.
Upon this unexpected Message there grew
some amazement and silence. But at last
one stood up and said : The Prince's command
is like a thunder-bolt ; Ins command upon
our Allegiance like the roaring of a lion. To
his command there is no contradiction ; but
how, or in what manner we should now pro-
ceed to perform obedience, that will be the
question.
Another answered, Let us Petition to his
majesty, that he will be pleased to be present,
to hear, moderate, and judge the case himself.
Whereupon Mr. Speaker proceeded to this •
question :
Quest. Whether to confer with the Judges
in the presence of the king and council ? Which
was resolved in the affirmative. And a select
Committee presently named for the conference ;
viz. Lawyers; Serjeants Tanfield, Hob bard,
Leigh/ Shirley, Dodridge, sir Tho. Hesketh,
sir Fr. Bacon, Mr. Recorder of London, Mr.
Yelverton, Mr. Crewe, Mr. Lawrence Hide,
Mr. Fr. Moore, Mr. Rd. Martin, Mr. Winche,
Mr. Dyett, Mr. Fuller, sir Roger Wilbraham,
Mr. Fr. Tate, Mr. Dr. James, sir Daniel Dunn,
sir John Bennet.— Gentlemen ; sir George
Carew, Vice-Chamberlain to the Queen; sir
Fr. Hastings, sir Edw. Hobby, sir Robert
Wroth, sir Henrv Nevill, sir John Savile, sir
George Moore, Mr. Nath. Bacon, sir Edw.
Stafford, sir Wm. Fleetwood, sir Tho. Chal-
loner, sir Roger Aston, sir Robert Wingfield,
sir Edw. Mountague, sir Edwyn Sandis, sir
Robert Cotton.
These Committees were selected and ap-
pointed to confer with the Judges of the Law,
touching the Reasons of proceeding in sir
Francis Goodwin's Case, set down in Writing,
and delivered to his majesty in the presence of
Hie lords of his majesty's Council, according to
hishiehness's pleasure, signified by Mr. Speaker
this day to the house. — It was further Resolved
and Ordered by the bouse, (upon the motion to
that end by Mr. Laurence Hide) that the
aforesaid Committee should insist upon the
fortification, and explaining of the Reasons
and Answers delivered unto his majesty ; and
not proceed to any other Argument or Answer,
what occasion soever moved in the time of that
debate.
Die Mercuriiy viz. 11 die Aprilis, 1604. Upon
Adjournment.
Sir Francis Bacon was expected, and called
to make -a Report of the late Conference with
the Judges in the presence of his majesty and
the lords of the Council : but he made excuse,
saying, He was not warranted to make any
Report ; and tuntum permissum quantum corn*
missum : nevertheless, upon a Question, he was
over-ruled to make a Report ; and a motion
thereupon made, That the Committees might
first assemble in the Court of Wards, and con-
fer among themselres, and then the report to
be made.
Sir Francis Bacon, after the meeting of the
Committees in the Court of Wards, reported*
; >r.vl!i TRIALS Uames I. I60k— The Cast betvxen Sir Francis Goodwin, [112
-.:.:. ha»i u-u^fa :u Cuoxmnce in the presence
-, • i ? ^i^ir^^ ind hi* Council :
I :»c «ii.£ soa-i. He would be president him-
vii. Vi*> Art^iidapce renewed the remera-
;»*\.iic* Ji *;ie last, when we departed with sucn
.uim. i r4u<»u. It was the voice of God in man :
. .c 4^xM *ptnt oi God in the mouth of man. I
uo :toc -my, toe voice of God, and not of man.
' *n* not on? of Herod's flatterers. A curse
ivii ii|vu turn that said it : a curse on him that
Mt.lvrvd it. We might say as was said to Solo-
mon, We are glad, O king ! that we give
accouut to you, because vou discern what is
>evkeu. — We let pass no moment of time,
until wo had resolved and set down an answer
m writing, which we now had ready. Thut
»u hence we received a message from his nia-
%ie;»iy by Mr. Speaker, of two parts : 1. The
one* paternal. 2. The other royal. 1. That
w» were as dear unto him as the safety of his
{»er*on, or the preservation of bis posterity. 2.
t«\val, that we should confer with his Judges,
and tluit in the presence of himself and his
council. * That we did more now to king
* James than ever was done since the conquest,
* in giving account of our judgments/ That
«\c hud no intent, in all our proceedings, to
encounter his majesty, or to impeach his
honour or prerogative.
This was spoken by way of preamble by him
you employed.
How to report his majesty's Speech he
knew not ; the eloquence of a kiug was inimi-
table. The King addressed himself to him as
deputed by the house, and said, He would
make three parts of what he had to say. The
cause of the meeting was to draw to an end
the difference in sir Francis Goodwin's Case.
If they required his absence, he was ready ;
because he feared he might be thought inter-
ested, and so breed an inequality on their part.
He said, That he would not hold his Prero-
gative or honour, or receive any tiling of any
or all his subjects. This was his magnanimity.
That he would confirm and ratify all just Pri-
vileges. This his bounty and amity. As a
king, royally : as kiug James, sweetly and kindly
out of his <rnod-nature. — One point was, Whe-
ther we were a Court of Record, and had
power lu jud«;c of Returns. As our court had
power, so had the Chancery; and that the
court that first had passed their judgment
should not be controlled. — Upon a surmise,
and upon the sheriff's return, there grew a
difference. That there are two powers. 1.
Permanent : the other, transitory. That the
Chancery was a confidenciary court to the use
of the parliament durittg the time. — What-
soever the Sheriff inserts beyond the ant ho-
rity of his muudatc, a nugation. The parlia-
ments o( England not to he bound by a she-
riff's return. — That our Privileges were not in
question. That it was private jealousies with-
out any kernel or substance. ' He granted it
was a Court of Record, and a Judge of Re-
turns/ He moved, That neither sir John For-
tescue. nor sir Francis Goodwin might have
place ; fir John losing place, his majesty did
meet us halt- way. That when there did arise
a schism in tlie church between a Pope and an
An tip ope, there could be no end of the differ-
ence until they were both put down.
Upon this Report, a motion was made,
Tha,t it might be done by way of warrant ; and
therein to be inserted, That it was done at the
request of the king : and was further said, (as
anciently it hath been said) That we lose more
at a Parliament than we gain at a battle. That
the authority of the committee was only to
fortify what was agreed on by the house for
answer, and that they had no authority to con-
scut. — It was further moved by another, That
we should proceed to take away our dissention,
and to preserve our Liberties ; and said, that
in this we had exceeded our commission ; and
that we had drawn upon us a note of incon-
stancy and levity. But the acclamation of the
house, was, That it was testimony of our duty,
and no levity. So as the question was pre-
sently made.
Quest. Whether sir John Fortescue and sir
Francis Goodwin shall both be secluded, and a
warrant for a new writ directed ? And upon
the question resolved, That a writ should issue
for a new choice, and a warrant directed ac-
cordingly.
A motion made, That thanks should be pre-
sented by Mr. Speaker to his majesty, for his
presence and direction in this matter ; and
thereupon ordered, That his majesty's pleasure
should be known, by sir Roger Astou tor their
attendance accordingly.
Because it hath been conceived by some,
that sir Francis Goodwin being the member
specially interested, it were lit he should give
testimony of his liking and obedience in this
course : being dealt withal to that end, he writ
his letter to Mr. Speaker; which, before this
question made, for better satisfaction of the
house, was read in these words:
* Sir ; I am heartily sorry to have* been the
1 least occasion either of question between his
' majesty and that honourable house, or of in-
* terruption to those worthy and weighty
1 causes, which by this time, in all likelihood,
' had been in very good furtherance: where-
' fore, understanding very credibly, that it
' pleased his majesty, when the committees hist
( attended him, to take course with them for a
' third writ and election for the knights hi pot' the
'county of Buckingham: 1 am so far from
' giving any impediment thereunto, that con-
4 trariuise, I humbly de>ire his majesty's direc-
*' tion in that In-half to be accomplished and
' performed. So praying you, according to
( such opportunity as will he ministered, to «:ive
* furthcranci: thereunto, 1 take my leave, and
1 rest yours, most a^ured to he commanded,
' Fit a. Goodwin. Westminster, 11 Apr. 1604/
Die Jori*9 \'iz. 12 die Apt His.
A motion made, That Mr. Speaker, in behalf
of the house, should pray access to his majesty,
and present their humble Tluuiks for his graci-
ous presence and direction, upon the hearing of
1 1 $] STATE TRIALS, 2 James I. 1 605 The Case qf Mixed Money in Ireland. [11*
ftr Francis Goodwin's cause; which was as-
sented unto ; and sir Roger Aston, a servant
of his majesty's bed-chamber, and one of the
members of the house, was presently appointed
to know bis majesty's pleasure ; which he did
accordingly ; and returned, That his majesty
was willing to give them access in the gallery
at Whitehall, at two o'clock in the afternoon,
the same day. Thereupon a Committee was
tamed to attend Mr. Speaker to the king,
«kb a general warrant to all others that should
fee pleased to accompany them.
Die Veneris, viz. 16 die Aprilis.
Mr. Speaker retunieth to the house the effect
of his Message of Thanks, delivered the last
day in the name of the house to his majesty ;
as also his Majesty's answer, viz. " That lie re-
lated to this house the humble and dutiful ac-
ceptation of what his majesty had done, together
with the humble thanks of the house for his
teulous and paternal delivery of his grace unto
w, bv his own mouth : what wonder thev con-
wived in his judgment, what joy in his grace,
what comfort they had in his justice, what
approbation they made of his prudence, and
what obedience' they yielded to his power and
pleasure. That his direction gave all men
satisfaction. That they were determined to
pwsue the course lie had prescribed. That
Dow they were become suitors, he would be
pleased to receive a representation of the hum-
ble thanks and service of the house."
His majesty answered. '• That upon this se-
cond access, he was forced to reiterate what he
Had said before. That this question was un-
Imppily cast upon him, for he carried as great
R respect to our privileges as ever any prince
•lid ; he was no ground searcher; he was of the
mind that our privileges were his strength :
that he thought the ground of our proceeding
*as oar not understanding that he had inter-
neddled before we had decided : that he thought
iho we had no wilful purpose to derogate any
riane from him, for our answer was a grave,
faihj!, and obedient answer. But as the
*t*il had unhappily cast this question between
fag, so he saw God had turned it to two good
*Ms and purposes. One, That lie knew, and
fed approved our loyalty. Another; That
b1 hid so good an occasion to make testimony
"i his bounty and grace. That as we came
to give him thanks, so did he redouble his
thanks to us. That he had rather be a king
of his subjects, than to be a king of many king-
doms."
The second part of his Speech directed to
the Lords and Us, u That this Parliament was
not like to be long : that we would treat of such
matters as most concerned the Commonwealth;
and the last, of any thing that concerned him-
self. Three main businesses in our hands.
1. The Union. 2. Sundry public and com-
monwealth-Bills. . 3. Matter of religion, and re-
formation of Ecclesiastical discipline. For the
Union, that it might be now prepared, and pro-
secuted the next session. That Union which
with the loss of much blood could never be
brought to pass, as now it is. That the better
to bring it to pass, we should be in affections
united. That we should first with all care pro-
ceed in such laws as concern the general good.
That all heresies and schisms might be rooted
out, and care taken to plant and settle God's
true religion and discipline in the church.
That this wish above all things was at his death
to leave, 1. One Worship to God. One King-
dom entirely governed. One Uniformity m
Laws. Lastly, That his occasions were infi-
nite, and much beyond tho«e of his predeces-
sors ; and therefore that in this first parliament
we would not take from him that which we had
yielded to others. That in his affections he
was no ways inferior to others, nor in his de-
sire to ease us."
The Warrant for a new Election of a knight
for Bucks, read -and allowed in this form :
'.Whereas the right honourable sir John
' Fortescue, knight, Chancellor of his majesty's
* Dutchy of Lancaster, and sir Francis Good-
' win, knight, have been severally elected and
* returned knights of the Shire for the county
* of Bucks, to serve in this present parliament:
' upon deliberate consultation, and for some
' special causes moving the commons house of
' parliament, It is this day ordered and re-
1 quired by the said house, That a Writ be
< forthwith awarded for a new election of ano-
1 ther knight for the said Shire : And this shall
* be your Warrant/
Directed, ' To my very loving friend, sir
' George Coppin knight, Clerk of the Crown iu
' his majesty's High Court of Chancery.*
78. The Case of Mixed Money in Ireland, Trin. 2 Ja3ies L
a. d. 1605. [Davies's Reports.]
[u As tlie following Case relates to the King's
Prerogative of regulating the Coinage * and
Value of Mooey, in uhich the whole State is
so immediately and essentially interested, it
• The royal prerogatives of regulating the
Coinage and Value of Money, and the history
•f the exercise of those prerogatives arc well
exhibited in the earl of Liverpool's Treatise on
ike Corns of this realm.
VOL. II.
properly falls within the scope of this Collec-
tion. It is taken from tUe English edition of
sir John DavicsS Kepoi ts." llargrave.]
V UERN" Elizabeth in order to pay the royal
army which was maintained in this kingdom lor
several years, to suppress the lebollion of
Tyrone, caused a great quantity of Mixed Mo-
ney, with the usual stamp of the arms of the
crown, and inscription of lier royal stile, to be
l
115]
STATE TRIALS, 2 Jambs I. 1605.— The Case qf Mixed Money
[110
coined in the Tower 'of London, and transmit-
ted this money into this kingdom, with a Pro-
clamation, bearing date 24 May, in the 43d
year of her reign, by which her majesty declar-
ed and established this Mixed Money, immedi-
ately after the said proclamation, to be the
lawful and current money of this kingdom of
Ireland, and expressly commanded that this
money should be so used, accepted and reputed
by all her subjects and others, using any traffic
or commerce within this kingdom ; and that if
any person or persons should refuse to receive
this Mixed Money according to the denomina-
tion or valuation thereof, viz. shillings for shil-
lings, sixpenny pieces for sixpenny pieces, &c.
being tendered tor payment of any wages, fees,
stipends, debts, &c. they should be punished as
contemners of her royal prerogative and com-
mandment. And to the intent that this Mixed
Money should have the better course and circu-
lation, it was further declared by the same pro-
clamation, that after the 10th day of June im-
mediately following, all other money whirh had
been current within this kingdom, before t he said
proclamation, should be cried down and annul-
led and esteemed as bullion, and not as lawful
And current money of this kingdom.
In AprH, before this Proclamation was pub-
lished, when the pure coin of England was cur-
rent within this kingdom, one Brett of Droghe-
da, merchant, having bought certain wares of
one Gilbert in London, became bound to the
said Gilbert in an obligation of 200/. on condi-
tion that he should pay to the said Gilbert, his
executors or assigns, 100/. sterling, current and
lawful money of England, at the tomb of earl
Strongbow iu Christ-church, Dublin, at a cer-
tain day to come ; at which day and place,
Brett made a tender of the 100/. in the Mixed
Money of the new standard, in performance of
the condition of the obligation ; and whether
this tender was sufficient to save the forfeiture
of the obligation, or whether the said Brett
should now, upon the change or alteration of
money within this kingdom, be compelled to
pay the said 100/. in other or better coin than
in the Mixed Money, according to the rate and
valuation of it, at the time of the tender, was
the question at the council table, where the said
Gilbert, who was a merchant of London, exhi-
bited his Petition against the said Brctr, for
the speedy recovery of his debt aforesaid.
And, inasmuch as this case related to the
kingdom in gent ral, and was also of great im-
portance in consideration and reason of state,
sir George Carew, then Lord Deputy and also
Treasurer, required the Chief Judges, (being of
the privy council) to confer on and consider this
Case, and to return to him their Resolution
touching it ; who upon conference and consi-
deration on all the points of the said Proclama-
tion, resolved, That the tender of the 100/. iu
the Mixed Money, at the day and place afore-
said, was good and sufficient in the law, to save
the forfeiture of tlie said obligation, and that
Brett should not be obliged at any time after,
to pay other money in discharge of the debt,
than this Mixed Money, according to the rate
and valuation that it had, at the time of the
tender; and this Resolution was certified by
them to the Lord-Deputy, and the certificate
entered in the Council-Book. And in this
case divers Points were considered and resolved*
First, it was considered, that in every com-
monwealth, it is necessary to have a certain
standard of money. [Cotton 4.] For no Cora*
mon wealth can subsist without contracts, and
no contracts without equality, and no equality
in contracts without money. For although
in the first societies of the world, permutation
of one thing for another was used, yet that
was soon found cumbersome, aud the transpor-
tation and division of things was found difficult
and impossible ; and therefore money was in-
vented, as well for the facility of commerce, as
to reduce contracts to an equality. ' Cum non
' facile concurrehat, ut cum tu habercs quod
' ego desiderarem, ego invicem haberem quod tu
* accipere velles, electa materia est, cuius pub-
* lica et perpetua inestiatio difficultatibus per*
1 mutationem subveniret.' Paul. lib. 1. ff.de con*
' trahendis empt.' and therefore money is said
by Bodin to be mensura publico ; and Budclius
lib. 1. De re nammaria, ca. 3. saith ' moneta
* est justum medium et mensura rerum com-
' mutabilium, nam per medium monetae fit om-
' nium rerum, quae in mundo sunt, conveniens et
'justa aestimatio.' And to this purpose Keble
saith, 12 H. 7. 23. b. that every thing ought to
be valued per argent ; by which word argent,
he meanetd money coined. And the great utility
of a certain standard of money and of measures
is well expressed by Budelius in .this verse,
Una fides, pondus, mensura, moneta sit una,
Et status illsesus tot i us orbis erit.
Secondly, it was resolved, That it appertain-
eth only to the king of England, to make or coin
Money within his dominions; [2 Ro. ab. 166. 1
Co. 146. 5 Co. 114. 1H.1I. P.C.188.] so that
no other person can do it without special license
or commandment of the king ; and if any per-
son presume to do it of his own head, it is trea-
son against the person of the king by the com-
mon law ; and this appears by the stat. of 95
Edw. 3, c. 2, (which is only a declaration of
the common law,) and by Glanvil, Britton and
Bracton, before that statute, Stamford fol. 9
and 3. And in the case <»f Mines, Plowd. 316,
a. this point is expressed more clearly, where it
is said, That the king shall have mines of gold
and silver ; for if a subject had them, he by
law could not coin such metals, nor stamp a
print or value upon them, for it appertained! to
the king only to put a value upon coin, and
make the price of the quantity, and to put a
print to it ; which being done the coin is cur-
rent ; and if a subject doth this it is high trea-
son at common law, as appears, 23 Ass. p. 9.
and it is hieh treason to tho king, because be
hath the sole power of making Money, 6rc.
And in this book three things are expressed,
which are requisite to the making of lawful
money, viz. The authority of the Prince, the
Stamp, and the Value. But upon the cons**
STATE TRIALS, 2 James I. 1603.— in Ireland.
117]
deration of the case in question, it was observ-
ed, that six things or circumstances ought to
concur, to make lawful and current money, viz.
1. Weight. 3. Fineness. 3. Impression. 4.
Denomination. 6. Authority of the Prince.
6. Proclamation. [See 1 H. H. P. C. 196,
that Proclamation is not always necessary ]
Far every piece of money ought to have a cer-
tain proportion of weight or poise, and a cer-
tain proportion of purity or fineness, which is
piled alloy. Also every piece ought to have
s certain form of impression, which may be
tamable and distinguishable ; for as wax is
aot a teal without a stamp, so metal is not
without an impression : ' Et rooneta
r a mooendo, quia impressione nos mo-
, cujus sit moneta. Cujus imago est
? Cse»aris : Date Caesari quae sunt Cse-
Also every piece of money ought to
•are a denomination or valuation for how
such it shall be accepted or paid, ns for a
penny, a groat or a shilling. And all this
ooght to be by authority and commandment of
the prince, for otherwise the money is not law-
ns' ; and it ought to be published by the pro-
clamation of the prince, for before that, the
■oney is not current, — These circumstances
appear in the antient ordinances made by the
bag for the coinage of money, as well in this
kingdom as in England, which are to be found
■ the Tower of London there, and in the Cas-
tle of Dublin here. Also the indentures be-
tween the king and the masters of the mint
prescribe the proportion of weight, fineness,
sad alloy, the impression or inscription, the
same and the value- " See the suit. 2 Hen. 6,
a If, where mention is made of these inden-
tures; see also Wade's case, 5 Co. 1 14. b. that
ike king by his proclamation may make any
turn lawful money of England ; d fortiori, he
nay, by his proclamation only, establish the
•caodard of money coined by his authority
within his own dominion*.
And that the king by his Prerogative may
ska pat a price or valuation on all coins, up-
start by » remarkable case, 21 Kdw. 3, 60, b.
tstke tune of Will, the Conqueror, the abbot
•f St. Edniundsbury complained to the king in
parliament, that whereas he was exempted
msi the jurisdiction of the ordinary by divers
satin* charters, the bishop of Norwich had
lisited his house, contrary to those charters of
exemption ; upon which it was granted and or-
aaioed in parliament, that if from thencefor-
ward the bishop of Norwich or any of his suc-
cessors should go against the aforesaid exemp-
tion, they should pay to the king or his heirs
tasty talents or besaunts. Afterwards in the
time of Edw. 3, the bishop of Norwich visited
the house again, against tlie ordinance afore-
said; and this contempt being found in the
RiQgVbeoch, a srire facias issued against the
kisaop to shew why he should not pay to the
kief the thirty talents or besaunts ; and upon
an insumcieot plea pleaded by the bishop, the
court awarded that they should recover tlie ta-
Isats or besaunts, and that it should be ioter-
[J1S
preted hy the king himself of what value they
should be, more or less ; , hy which it is manl-
iest that where talents or besaunts, or such
other pieces or quantities of gold or silver are
of uncertain value, fur Budelius saith that ' ta-
* letita sunt varia, et pondera sunt, potius
' quam numismata', the king hath a power to
put a certain value upon them, according to
the rule well known to the civilians, * monetae
' aestimationem dat, qui cudendi potestatem
* habet.' And in this point the common, law
of England agrees well with the rules of the civil
law, « jus cudendae monetae ad solum princi-
1 pern, hoc estyiinperatorem, de jure pertinet.
' Monetandi jus priucipum osstbus inhaeret,
' Jus monetae comprehenditur in regalibus,
' quae nunquatn a regio sceptro abdicantur.'—
Yet by antient charters, this privilege or prero-
gative hath been communicated to some sub-
jects in England ; as, to the archbishop of
Canterbury by charter of king Athdstan,
Lamb, peramb. Kant. fol. 291. The archbi-
shop of York and bishop of Durham had mines
and power of coining money, as appears by
the statute of 14 Hen. 8, c. 12. ; and the dean
of St. Martin's-le-grand had the same privilege,
as is manifest from the stat. of 19 Edw. 4, c. 1.
And this right of coining money hath been
granted to several great personages in France
heretofore, as Choppinus relates, lib. de Doma-
nio Franc, fol. 217, u. And this prentgative
at this day is imparted too generally to all the
inferior princes and states of Germany by
grant or permission of the emperor ; for it is a
law of the empire,. * Jus cudenda: monetae, nisi
( cui ah imperatore concessum fuerit, nemo
' usurpato.'
Thirdly it was resolved that as the king by
his prerogative [J H. II. P. C. 192] may
make money of what matter and form he
please th, and establish the standard of it, so
may he change his money in substance and im-
pression, and enhance or debase the value of
it, or entirely decry and annul it, so that it shall
be but bullion at his pleasure. And note, that
bullion, which in Latin is culled billio, 'est
« moneta defensa et proliibita, qua videlicet
* usu caret/ And that the king hutli used this
Prerogative in England, appears, by several
notorious changes of money, made in the time
of several kings since the Norman conquest.
26 Hen. 2, ' Monetu veteri reprobata, nova
* successit.' Matt. Paris Hist. mag. fol. 35. a.
— Anno 7 Joh. a tiew money whs coined, at
which time the first sterling money was coined,
according to the opinion of Camhden, where he
speaketh'of Sterling-Castle in Scotland, fol. 700
h. — 32 Hen. 3, the king was obliged to make
new money, ' cum moneta Angiia1 circumcide-
4 batur a circumcisis Jurheis,' as Matt. Pari*
saith, fol. 703. a.— 7 Ed. 1, the standard of
money was renewed, when the sterling penny
was established to contain ' viccsimam partem
4 unciaV as appears by the old Manna Charta,
in the ordinance called Compositio MeHturarwn,
where it is ordained, * quod viginti denarii
4 fuciant unciam.'— Aauo 29 Ed. 1. when the
119]
STATE TRIALS. 2 James I. 1<K)5.— The Case of Mixed Money
[120
money called Pollards was cried down, a new
sterling money was also coined ; see 6 Ed. 6.
Dyer 82. b. et lib. rubr. Scacc. Dobl. part 2.
fol. l^b. After this new monies were made,
9 Ed. 3, and 13 Hen. 4, and 5 Ed. 4, and 19
Hen. 7, and 36 Hen. 8 ; and lastly 2 Eli*.,
when all mixed and base money was cried
down, and the standard of pure silver establish-
ed, which continues to this day, of which Bod in
maketh honourable mention, Libro 6 de Re-
publica, cap. 3.
And it seems these changes of money in
England were made by the authority of the
king without Parliament : although several acts
of parliament have been made for the ordering
of exchange, and to prohibit the exportation of
money made and ordained by the king, and the
importation and utterance of foreign and false
money, under certain pains and penalties, of
which some were capital and some pecuniary.
And several ordinances of the king made with-
out the parliament are called statutes; as
Statutumde Moiietsi magnum, et Statutum de
IUoneta pun u m : winch are called statutes,
because the ordinance of the king with pro-
clamation in such case hath the force of an act
of parliament.
And as the king hath used to change the
standard of his money, to wit, the form and
the substance, so hath be used by his preroga-
tive to enhance or debase the value of it, not-
withstanding that the form and substance con-
tinue! h as it was before, [l H. II. P. C. 192.]
And thi> was done, 5 Ed. 4, as appears by the
book, of 9 Ed. 4. 49, "here Danby saith, that
a Noble was better then, than it was anno 20
of that king, by 20 d. in each Noble. And
king Hen. 8, by special commission dated 24
July, anno 18 of bis reign, authorised cardinal
Wolsey, with the advice of other of the privy
council, to put a value on all the moneys of
England, from time to time, accordiug to the
rates and values of the monies of foreigu
nations, which were then too much enhanced,
especially by the emperor and the king of
France, as is expressed in the said commission.
See also 6 and 7 Ed. 6. Dyer 82 and 83. several
cases on the debasement of money. — And it ib
to be Observed, that between the 36 of Hen. 8,
when several sorts of debased money were
coined in England, and 2 Eliz., when the pure
standard of silver money was established, there
were three notorious falls or cry-downs, of base
monies, published by proclamation : the first,
9 July, 5 Ed. 6. ; the second, 17 August, the
same year, as is mentioned, Dyer 83, a. ; the
third, 28 Sep. 2 Eliz.
And as the king hath always used to make
and change the money of England, he hath
aiso used the same prerogative in Ireland ever
since the )2th year of king John, when the
fir?t standard of English money was established
in thi* kingdom, as is recorded by Matt. Paris,
Magn. Hi*t. 220. b. where it is said, that this
king being in Ireland, * constituit ibidem leics
* et GOiibuetudinet Auglicanas, ponens ibidem
' vicecomites, ahosque minUtros, qui popuUitn
' regni illius juxra leges Anglicanas judicarent..
' Prsfecit autem ibidem Johannem de Gray
' episcopum Norwicensein, justiciarium, qui
' denanum terr&e illius ad pondus numismatit
' Anglis fecerat publicari, et tarn obolum quam
' quadrantem rotund urn fieri precepit : jussit
' quoque rex, vt illius monetae usus tarn in An-
' glia quam in Hibernia communis ab omnibus
' haberetur, et utriusque regni denarius in the-
' saurissuUindifterenter poneretur.' — By which
it appeareth that the standard of money ia.
England and in Ireland was equal at first, and
that the English money was not a fourth part
better in value than the Irish, as it hath been
since the time of Ed. 4., for before that, as
there was one and the same standard of money
in both kingdoms, so always when the money
was changed in England, it was also changed
in Ireland. As in the year 1279, viz. 7 Ed. 1.
when that king established new money in Eng-
land, as js shewn before, there was likewise a
change of money in Ireland, as is observed in
the annals of this kingdom, published by Cwnb-
den in his Britannia, where it is said, that in
the year 1279, ' Doininus Kobertus de Urford
' justiciarius Hibernia intravit Angliam, ct con-
' stituit loco fratrem Hobertum de Fulboroe
I episcopum Waterford, cujus tempore mutata
' est moneta.' So 29 Ed. 1. when by special
ordinance of the king the Pollards and Crockards
were decried and annulled, the same ordinance
was transmitted into this kingdom and enrolled
in the Exchequer here, as is found in Lib. Rubr.
Scacc. part 2, fol. 2. b. Also' in the annals
aforesaid it is observed in the same year,
' numisma pollardarum probibetur in An glut et
' Hibernia. And as the standard of the mow
nies was equal, so the mints and coinage in
this kingdom were ordered and governed in the
same manner as in England, as appears by the
accouut of Donat and Andrew de Sperdshols,
assay masters in Dublin, 9 and 10 Ed. 1. in
Archivis Cnstri Dublin, and in Libr. Rubr.
Scacc. hie part 2. fol. 1. and in Hot. Pari, in
Castri Dublin, 12 Ed. 4. c. 60. See also
several ordinances there touching the mint and
monies, 7 Ed. 4. c. 9. 10 Ed. 4. c. 4. 16 Ed*
4. c. 2. 19 Ed. 4. c. 1. 1 U. 3. c. 7.
But the first difference and inequality be-
tween the standard of English and Irish monies,
is found in 5 Ed. 4. for then it was declared in
parliament here, that the Noble made in the
time of Ed. 3, Rich. 2, Hen. 4, Hen. 5, and
linn. 6, should be from that time forth current
in this kingdom for 10s. and so of the demy-
noble, and all other coins according to the
same rate. See Rot. Pari. 5 Ed. 4. c. 40. and
II Ed. 4. c. 6. and 15 Ed. 4. c. 5. in the
Roll's-otiice in the Castle of Dublin. After
which time the money made in Ireland or for
Ireland was always less in value than the
money of England, and the usual proportion of
the diifere ncc wa» the fourth part only, viz. the
Irish shilling was only 9</. Enclish. See the
proclamation aforesaid, dated the 44 of May,
43 Eliz. enrolled in the Chancery here, where
the queen makes mention of this difference
121]
STATE TRIALS, 2 Jambs I. 1605.— in Inland.
[122
Bade by her progenitors between the standard
of money made for this kingdom, and the
money of England. And note, that that which
it called the standard of money in this case,
is the same which is called by the French pied
it moncy7 by Bodin pe$ monetarum ; as if the
prince there pedemjigat, having established the
weight and purity of money in a certain pro-
portion, which should not be transgressed by
tk mooeyers.
And so it is manifest, that the kings of
iagnuid have always had and exercised this
prerogative of coining and changing the form,
ad when they found it expedient of enhancing
aad abasing the value of money within their
dominions : and this prerogative is allowed and
approved not only by the common law, but
ako by the rules of the imperial law. Bude-
lias de re nomroaria, libr. 1. c. 5. ' Princeps
' ad arbitrium suum, irrequisito assensu subdi-
i torum, valorem monetae constituere potest ;
* quia populus, quantum ad hoc, omnem potes-
' totem et jurisdictionem in principem seu im-
4 perotorem transtulisse dicitur.' And a little
titer in the same chapter, although some doc-
tors are of opinion, * principem sine assensu
4 popuh inonetam mutare non posse,' yet be
coockides, ' si princeps consuevisset mutare
1 monetam auctoritate propria, sine consensu
1 popuii, * tempore cujus mitii memoria nen
'existit, tunc libere imposterum eura hoc fa-
'cere pane. L. hoc jure Paragr. ductus aqua*.
1 ff. de aqoia quotid. &c.' And Covarruvias,
fibre de collatiooe vet em m numismatum, cap.
D* awttrione monetae, saith, ' princeps potest
'autare monetam ratione publics utihtatis,'
ul * tempore belli, vel si alias utile populo sit
'fanruni, ita etiam, ut ex corio fieri possit.'
lad it is observed by Molineus, libro de lnu-
taioee moneta, cap. 100/ that the state of
Boom in the first Punick war, when Hannibal
ktd posse jo ion of a great part of Italy, and all
tfeeir treasure was exhausted, enhanced base
aomey to a great value, for the payment of
&eir armies ; and yet the justice of that state
*utaen famous throughout the world. But
1 Mi est magis justum, quam quod necessa-
<r*ai' by which it appears, that the mixed
ateey «as made by queen Eliz. on a just and
■noenble cause.
Fourthly, it was resolved, that the said
aised money having the impression and in-
scription of the queen of England, and being
proclaimed for lawful and current money within
nil kingdom of Ireland, oujjit to be taken
tad accepted for sterling money ; and on con-
■deration of this point, the name and the nature
of Sterling Money were enquired and disco-
vered. As to the name of Sterling home doc-
tat of the civil law, being deceived by the
erroneous report of Polydore Virgil, have con-
tored, that this English money was called
Whng, because the iorm of a store, the dimi-
Muve of which is sterling, was imprinted or
tamped upon it, and therefore Covarruvias,
U». de coUatkme veterum numismatum, c. 2.
'rterlsng' (taith he) ' est argenteus nummus
I
1 Anglicus ex vicesima sexta parte unciss, nam
' viginti sex nummi argentei sterling pendebant
< unciam, auto re Polydore Virgil 10, in Hist.
' Anglica, lib. 16. Dictus autem est hie ntun~
* mus, ut idem author tradit, sterling, quoa
< sturnus avis, Anglice a sterling, in altera
' parte nummi esset impressa.' To the same
purpose Choppinus de Domanio Franc, lib.
2. tit. 7. hath this note, caterum Enrico 3..
1 Britannia rege, primum percussa est nunc
' usitatissima sterhngorum moneta, ab effigie
c sturni sic dicta, anno 1249.'; These doctors
being strangers, were, it seems, misinformed by
Polydore Virgil, who was also an alien and a
stranger. Cut our Linwood also (who made
his Gloss on the provincial constitutions of Eng-
land, in the time of lien. 6.) tit. de testam.
C. Item, quia, verbo, Centum solidos, saith,
' sterling nomen erat argentes moneta;, et ha-
' bebat similitudinein denarii usual is, kioc salvo,
' quod in uoa quarta habebat eftigiemavis, qua;
1 vocatur sturnus, Anglice, sterling/
Others have been of opinion, that tins Eng-
lish money had the name of Sterling, because
the first money of this standard was coined in
the Castle of Sterling in Scotland by king Ed.
1. But this is also an erroneous opinion, as is
noted by Cambden in Scotia, pag. 700. where
speaking of Sterling-Castle, he saith, that * qui-
* dam monetam probam Angliae quae sterling
' money dicitur, bine denominatatn volunt,
' frustra sunt ; a Germ an is enim, quos An-
' gli Esterlingos ab orientali situ vocanint,
* facta est appellatio ; quos Johannes rex, ad
i argentum in suam puritatem redigendum,
1 primus evocavit; et ejusmodi nuinmi, Ester-
* lingi, iu antiquis scrip tuns semper reperi-
' untur.'
And this latter opinion, without doubt, is the
better and more probable, by the judgment of
all the most learned antiquarians of England.
For in all the antient statutes which make
mention of this money, it is called ester ling..
As 9 Ed. 3. c. 2. &c. ' no false money coun-
terfeit esterling shall be imported into our
realm ;' and the same year c. 3. ' no esterling
halfpenny or farthing shall be molten to make
vessel/ &c. and 25 Ed. 3. c. 13. ' the money of
gold and silver, which is now current, shall not
be impaired in weight or allay, but shall be put
in the antiont state as in the esterling.9 And
Matt. Pans, Magn. Hist. fol. 403. where he
expresses the form of the obligation made by
the clergy of England to the pope's bankers
resident in London, makes mention of this
money by the name of esterling ; ' Noveritis
* nos rccipisse ab (A. and B. &c.) centum unci-
( as bonorum ct legalium esterlingorum, tresde-
' cim solidis et nuatuor sterlingis pro qualibet
' unciu compututis.' And the same author, fol.
710, saith, * eodem tempore moneta Ester-
' lingorum, propter sui materiam desiderabilem,
' dete>tabili circiuncisione cxpit deteriorari et
' corruinpi.* And fol. 575. ' Comitissa de
4 Biarde venit ad rcgein cum 60 militibus,
1 durta cupidine Esterlingorum, quibus noverat
' regein Angliae abundare, et accepit a rege
123] STATE TRIALS, 2 Jambs I. 1 GOo.—The Cast qf Mixed Money [J 24
* qaalibet die pro stipendio tresdecim libras
* Esterlingorum, &c.' And Hovedeo in Rich.
1. fol. 377. b. makes mention of this money in
these words, ' videus igitur Galfridus Ebora-
* censis electus, quod nisi mediante petunia
' amorem regis fratris nullatenus habere possir,
* promisit ei (ria initlia libraram Sterlingorum
4 pro amore ejus habendo ;' and this was
before the time of king John ; from whence
it seems, that the time when this money was
first coined is uncertain ; for some say that it
was made by Osbright a king of the Saxon race
160 years before the Norman Conquest. And
so as Nummus is called from Numa, who was
the first king who made money in Rome, so
Sterling is called from the Esterlings who first
made the money of this standard in England,
by a metonymia, substituting the name of the
inventor for the thing invented, as Ceres pro
frumento, Bacchus pro vino9 &c.
And it is to be observed, that the Esterlings
were the first founders of the four principal
cities of Ireland, viz. Dublin, Watcrford, Cork
and Limerick, and of the other maritime towns
in this kingdom, and were the sole maintainers
of traffic and commerce, which was utterly
neglected by the Irish. These cities and towns
were under the protection of king Edgar and
Edward the Confessor before the Norman Con-
quest: and tliese Esterlings in the antient
records of this kingdom are called Ostmanni.
And therefore, when Hen. 2. upon the first
conquest, thought it better to people these
cities and towns with English colonies taken
from Bristol, Chester, &c. he assigned to these
Ostmen certain proportion of land next adjoin-
ing to each of these cities, which portion is
culled in the records of antient times, Cuntreda
Ostmannorurn. And all this was observed on
the name of Sterling.
For the nature or substance of this money,
first it was observed, that the coin which was
properly called the Sterling was the denier or sil-
ver penny, as appears in the ordinance called
compo&itio mensurarum made in the time of E. 1.
where it is said, * denarius Anghre, qui nomi-
( natur sterlingus rotundus, sine tonsura, pon-
' derabit triginta et duo grappa in medio spicae,'
&c. and every other coin or piece of silver
was measured by the sterling penny, as the
groat contained the value of four sterlings,
and the half groat the value of two sterlings,
25 Edw. 3. c. 6. and the shilling consisted of
twelve sterlings, Lin wood de Testament is, C.
item quia, verb. Centum solidos ; and the Mark
consisted of 13s. and four sterlings, as before
is shewn from Matt. Paris; and the maile
(half-penny) was the half of a sterling ; and the
farthing the fourth part of a sterling. See an
ordinance without date in the Magna Charta
printed by Tottel, anno 1556, fol. 167, and in
Rastall's old Abridgment, money 52, ( quia
cinultorum regum temporibus provisum fuit,
4 quod propter pauperes denarius argenti, viz.
* sterlingus, divideretur in obolum et quad ran-
4 tern, ex parte domini regis precipitur, quod
* quicunque recusavcrit obolum Tel qoadramem
' debitam habentem fbrmam, capratur.' See 6
and 7 Ed. 6. Dyer 82, in the case of Pollards,
where it appears that a sterling and a denier
were the same ; for there it is said that two
pollards passed for one sterling, and accord-
ingly two sterlings* were paid for one denier.
And indeed in antient tune, every sort of
money, made of the several metals of which
money was usually coined, was properly called
a denarius ; and therefore the French and Ita-
lians speak properly, when they call all money
deniers and denarii, for coins (nummi) were
either copper, silver or gold : each silver one
was worth ten of copper, and so was called a
denier ; and each gold one was worth ten of
silver, and in this respect these were likewise
deniers. And the antient proportion of gold
to silver was as ten to one ; and this propor-
tion, as it seems, David observed in the treasure
of gold and silver which he prepared for the
building of the temple ; for the text says,Chron.
chap. xxii. ver. 14, ' that he provided for that
purpose 100,000 talents of gold, and 1,000,000
talents of silver.' So the first and proper sterl-
ing coin was a denier.
And for the substance of this denier or sterl-
ing penny in Weight and Purity: as to the
Weight, it was at first the 20th part of an
ounce, viz. an ounce was cut into 20 sterling
deniers and no more. See the compositio men-
surarum made in the time of Ed. 1. * in veteri
' libra de magna charta,' fol. 113. b. and in
RastaU's old abridgment, tit. weights and mea-
sures, 4. where it is said, that * viginti denarii
* faciunt unciam, et duodecim unci* faciunt
' libram;' and so it was until 9 Ed. 3. at which
time the ounce of silver was cut into 26 pence.
Annal. de Rob. de Avesbury MS. See several
ordinances touching the new sterling money,
made 9 Ed. 3. Rastnll, money 345. And such
proportion was continued until 2 Hen. 6. when
the ounce of silver made 32 pence ; and this
appears by the statute of 2 Hen. 6. c. 13,
and also by Lin wood, ' de testamentis, cap.
item quia, verb. cent, solid. ' Hie solid us,'
sail I) he, ( sumitur pro duodecim deoariis An*
' glicanis; horum 26 ponderabant unciam, cum
' tamen jam 32 denarii vix faciant unciam/
And this gloss was wrote in the beginning of
the reign of Hen. 6. as it is mentioned in the
preface to his hook. This standard was con-
tinued until the 5 Ed. 4. and then the ounce
of silver made 40 pence; 9 Ed. 4. 49. a. and
12 Ed. 4. c. 60. in Rot. Pari. Dublin. And
this continued until 36 Hen. 8. when the king
prepared for his journey to Ballogne; and then
an ounce of silver was cut into 60 pence, and
that standard remains to tins day. And so the
sterling penny, which was at first the 20th part
of an ounce, is now the 60th part of an ounce;
and by consequence, the antient sterling penny
contained as much silver as is contained in the
three-penny piece that is now current.
And as to the purity of this sterling [l H.H.
• So in the original; but qu. whether it
should not be pollards I
125]
STATE TRIALS, 2 James I. 1605.— in Ireland.
[120
P. C. 190.] money, lQs.5\d. of the purest silver
was contained in each pound, and each pound
•f sterliog money had 1*. 6d{. allay of copper,
and no more ; and of this allay of sterling
money, the ordinances or statutes of 25 Ed. 3.
c. 13. and £ Hen. 6. c. 13. make mention. But
this is well known to all moneyers, and is con-
tained in all the indentures made between the
king and the masters of the mint.
Tlien the Sterling Money being of such
weight and fineness, the doubt prima Jacie, was,
how this Mixed Money should be said to be
sterling. And for the clearing of this doubt, it
was said, that in each common piece of Money,
there is ' bonitas iutrinsica, et bouitas extrin-
' seca, : mtrinseca consistit in praetiositate mate-
• rue et pondere,' viz. fineness and weight ;
4 extrinseca bonitas consistit iu valuatione seu
' denominatione, et in formu seu charactered
BudeL de re nummaria, lib. i 1. cap. 7. And
this bonitas cstrinseca, which is called ' estima-
' tio sire valor imposititius, est formalis et es-
' sentialis monetae/ and this form giveth name
and being to money ; for without such form,
the most precious and pure metal that can be
is not money ; and therefore, Molinaeus, lib. de
mutat. Monetae, saith, ' non materia naturalis
• corporis monetae, sed valor imposititius est for-
' ma et substantia monetae, quae non est corpus
• physicum sed artificiale,' as Aristotle saith,
Ethic, lib. 5. And so Polit. lib. 1. he saith
to this effect, that money was first signed and
imprinted with a certain character, to the in-
tent, that the people might accept it on the cre-
dit of the prince or state who publishes it, with-
out examination or trial of the weight or pu-
nt?-. And to this purpose Molineus hath this
rale, Q. 99. ' de jure non re fen sive plus sive
' minus argenti insit, modo publica, proba, et
'legitima moneta sit/ Et Balausl. singulari,
saith, ' in pecunia potius attenditur usus et cur-
' sos quam materia/ And Seneca, lib. 5. de
beneficm, ' Ms alienum habere dicitur, et qui
'aureos debet, et qui corium forma publica
'percussum/ And it was said that the king
huh the same prerogative to give value to base
metal by his impression or character, as he
hath to give estimation to a mean person by
imparting the character of honour to him;
' ac fiet viro quern rex honorare desiderat/
And so it was concluded, that after the Es-
terlings, by command of1 the king of England,
ktd made this pure English money, which from
the name of the makers was called esterling or
sterling money, the standard of which hath
been .always the most fixed and unchanged in
dl the world, (which hath been a great honour
to oar nation, for in all other kingdoms and
states, the standards of their money are more
unsteady and variable,) all money coined by
the authority of the king of England, and hav-
ing his character and impression, not only in
England, but also in Scotland and Ireland,
bain been sterling money, and so called, re-
puted and taken by all people, whether the
matter of it were mixed or pure. And this
appears by the ordinance which is called ' sta-
' tutum de moneta magnum,' by which all mo-
ney is prohibited, ouly the money of England,
of Ireland and of Scotland, which was properly
the sterling money. And therefore Freherus,
lib. de re nummaria, where he enumerates the
different money of different nations; * sterlingi,'
saith he, * habentur in Anglia, Scotia et Hiber-
< «u » And Bodin, lib. 6. de republ. c. 3.
ma.
speaking of the money pf Scotland ; in Scot-
land, saith he, are two pounds, (livers) very dif-
ferent; one of esterlings, the other custom ar).
And certainly the usual Scottish pound (livre)
is like the French livre, and the pound (livre)
esterling current there is that of England. And
that base or Mixed Money may be current for
sterling, appears by the said case of Pollards,
Dyer 82. b. where it is said, ( quod currebat
* quaedam moneta in Anglia loco sterlingi quae
< vocabatur pollards, viz. duo pollardi pro uno
* sterlingo/
Fifthly, it was resolved, that although this
Mixed Money was made to be current with-
in this kingdom of Ireland only, yet it may
well be said, current and lawful money » of
England, for two causes. — 1. Because thi»
kingdom is only a member of the imperial
crown of England ; and this appears 3 Hen.
7. 10. a. where a question was 'propounded
to the justices by Hobart, Attorney gene-
ral, ' si quis sciens monetam ad similitudinem
' monetae regis Angliae contrafactam, talem
' monetam in Angliain extra Hiberniam defe-
' rat, si sit proditio necne : et dixerunt quod
' Ilibernia est quasi membrum Angliae, et ibi-
' dem le^ihus Anglia? utuntur, et authoritate
' regia faciunt monetam/ And to this purpose
it is recited in the statute of faculties, enacted
in this kingdom, 28 Hen. 8. c. 19. * that this
the king's land of Ireland is a member appen-
dant, and rightfully belongeth to the imperial
crown of the realm of England, and united unto
the same/ And in the act of 33 Hen. 8. c. 1.
by which the stile and title of king of Ireland
was given to Hen. 8. his heirs and successors,
it is moreover enacted, that the king shall en-
joy that stile and title, and all other royal pre-
eminences, prerogatives and dignities, ( as united
and annexed to the imperial crown of the
realm of England/ — 2. It is called lawful mo-
ney of England, in respect to the place of coin-
age which was in England, viz. in the Tower of
London. For although in antient times the
king had several mints in this kingdom, as he
had in England, yet since the commencement
of the reign of queen Elizabeth, all the mints
have been reduced to one place, viz. The Tower
of London; and this was done upon good rea-
son of state, to prevent the falsification of mo-
ney. And therefore, before the Norman con-
ouesr, all money was coined in monasteries ;
tor it was presumed, that in such places no fal-
sity or corruption would be found. And this
agrees with the prudence of the Roman state,
which had but one mint for all Italy, and that
was in the temple of Juno at Rome, who for
this cause was called ' Juno moneta/ And for
this purpose, the emperor Charlemain made *
1 27] STATE TRIALS, 2 James I. 1605.— The Cote of Mixed Money
[128
low, in these words, viz. * de falsis monetis,
* quia in diversis locis contra justitiuni fiunr, vo-
* lumus, ut innullo alio loco moneta, nisi in pa-
* latio nostro, fiat.' Choppinus de Domanio
Francis, 217. a. Yet in 28 Ed. 1. this prudent
Icing, for the facility of exchange, caused several
jnints to be established in several towns in
England; one in the Tower of London with
thirty ra maces, another at Canterbury with eight
furnaces, another at Kingston upon Hull with
four furnaces, another at Newcastle upon Tyne
with two furnaces, another at Bristol with four
furnaces, and another at Exeter with four fur-
naces. Tractat. de monetii Anglia?, made in
the time of Ed. 1. which 1 found in the library
of sir Robert Cotton, which was the hook of
lord Burleigh, late lord high treasurer of Eng-
land. J5ec also the clo-e rolls of 29 Ed. 1. in
the Tower of London. And this np pears also
by the inscription of divers antient coins, on
which are expressed the names of the cities
where thev were coined, according to a verse
made in the time of Ed. 1. and taken by Stow
out of Robert le Bnm, an antient manuscript :
' Edward did smite round penny, half-penny,
farthing.'
And then followed,
' On the king's side, Mas his head and his name
written,
* On the cross side, the city where it was smit-
ten.'
And this same king having established a
mint at J)ublin with lour furnaces, and having
constituted Alexander Norman of Lusk master
of the mint there, as appear* in several records
in the archives of the Castle of Dublin; after-
wards, viz. 32 Ed. 1, when he bail altered the
furm of the coin, he caused divers stamps con-
sisting of two parts, of which the one contained
the pde, and the other the cross, to be trans-
mitted to the treasurer of this kingdom, as is
recorded in the red book of the Exchequer here
in this manner. ' Majiister Guliclmus de Wi-
' mundham, custos rambiorum domini regis in
1 Anglia, de precepto venerabilis patris Bnthon.
1 et Wellenss episcopi, thcs:iuranj cjusdem do-
* mini regis, mi>it domino (julielmo dc Esen-
* den, thesaurario in liil»erni:i, vieiuti quatuor
* peciascuneorum, pro moneta ibidem facicuda,
* viz. tre»s pilas cum sex crucellis pro dennrijs,
t, (pes pihis cum sex cnicellin pro obolis, et duas
' pilas cum quatuor crucelli* pro ferlingis, per
1 Johaiinem le Minor, Thomas Oowle, et Jo-
* hannem de Shonlitch, clcricos, de socictate
» operarioruin et monetariorum London, per
4 c-tsdein ad monctam pnvdic -tain opcraiidam et
* ■onetindara.' And there it is likewise nicn-
sooed. before what witnesses the said stamps
^cr. fet:tvered; for ' eune us moneta* tanqiiam
-cUara ret"i ontodiri debet,' as it is snul in
-■• -^lrse " de moneta Angli;e* before men-
~\ aod the reason is, because to cou/i-
ae of the other is high treason.
m tan* there was but one mint in
, «C* Dublin. But long aftcr-
»Hfc a. * mint was established at
at Trim, and another at
Galway; Rot. Pari. 3 Ed. 4. in Castro Dublin.
And 12 Ed. 4. Rot. Pari. ibid, it is ordained, that
the masters of the mint in Ireland should make,
in the castles of Dubl in and Trim, and in the town
of Drogheda, five sorts of coin, the groat, the
half-groat, the penny, half-penny and farthing;
by which it is ma in test that in former times,
there were five several mints in Ireland, in the
several towns aforesaid. But all these were
discontinued in the time of Ed. 6, so that since
the reign of that king, all die money made in
Ireland hath been coined in England ; and
therefore this mixed money, coined in the
Tower of London, may be properly called
current and lawful money of England.
Sixthly and lastly, it was resolved, that al-
though at the time of the contract and obliga-
tion made in the present case, pure money of
gold and silver wns current within this king-
dom, where the place of payment was assign-
ed ; yet the mixed money, being established in
this Kingdom before the day of paymert, may
well be tendered in discharge of the said obli-
gation, and the obligee is bound to accept it ;
and if he refuses it, and waits until the money
be changed again, the obligor is not bound to
pay other money of better substance, but it is
sufficient if he be always ready to pay the
mixed money according to the rate for which
thev were current at the time of the tender.
And this point wns resolved on comideration
of two circumstances, viz. the time and the
place of the payment ; for the time is future,
viz. that if the said Brett shall pay or cause to
be paid 100/. sterling, current money, &c. and
therefore such money shall be paid as shall he
current at such future time; so that the time
of payment, and nut the time of the con t met,
shall be regarded.
Also, the future time is intended by the words
current money ; for a thing which is passed is
not in nirsu; and therefore all the doctors, who
write ' de re nummaria,* agree in this rule,
' verba currentis monetas tern pus solutionis de-
' signant.' And to this purpose arc several
cases ruled in our books, 6 and 7 Ed. G. Dyer
81. b. After the fall and emhaseinciit" of
monev, 6 Ed. 6. debt was brought against the
executors of lessee for years, for rent in nrrear
for two years, ending ilich. 2 Ed. 6. at winch
time the shilling (which at the time of the
action brought, was cried down to (if/.) waj
current for 12rf. the defendants pleaded a
tender of the rent on the days when it became
due, ' in pociis monetae Anglise vocat. ikil-
' tings, qualibetpecia vocat, shifting, ndtnnc so-
( lubili pro 12d. and th:it neither the plaintiff1
nor any other tor him was ready to receive it,
cVc. and concluded that thev^ire still ready to
pay the arrears ' in dictis ptciis vocat. shillings,
* secundum ratam,' \'C. On this plea, al-
though the plaintiff demurred, ye*t he was con-
tent to take the money at the rate aforesaid,
without cosrs or damages. To the same pur-
pose is the case of Pollards adjudged, 2t> Ed.
1. and reported by Dyer 82. b. where in debt
on an obligation for payment of 24/. at tiro
129]
STATE TRIALS, 2 James I. 1605.— in Ireland.
[130
several day*, the defendant pleads, that, at the | these words ' currentis moneta?' shall relate to
day* limited for pa vmeut of the debt in demand the time of the puvment ; vet in wills, they
payi
' currehat qnaedaiu inoneta. qu« vocahaiur Pol-
Urdsy luco sterlingi,' &c. and that the,def< ndaut
at the first day of payment tendered the moiety
of the debt in tlie money called Pollards, which
the plaintiff refused, and tiitit he is still ready,
&c. and offered it in court, which is not denied
by the plaintiff; ideo cancessum est, that he re-
covered one moiety in Pollards, and the other
in pure sterling money. See 9 Ed. 4. 49. a
ftmarkable case on the change of money,
■here it is said, that if a man in nn action of
debt demands 40/. it shall he intended money
a bid) is current at the time of the writ pur-
chased. And tJitTe a case in the time of Ed. 1.
fcj put, which is directly to this purpose. In
debt brought upon a deed for 30 quarters of bar-
ley, price 20/. it was found for the plaintiff, and
the jury was charged to enquire of the price at
the time of die payment, and it was said that
at ibe time of the payment a quarter was at
12*. but at the time of the making of the
deed, it was only at 3*. and the plaintiff re-
covered 18/. fur the corn according to the
price of it at the time of the payment. To
this purpose also, Limvood hath a notable
floss on the constitution of Simon Mepham,
Lb. 3. de Tcstamentis cap. item quia. For
a here the constitution is such, 4 pro publica-
4 tione testamenti pauperis, cujus inventarium
•' bonorum non excedit centum solidos sterlin-
' coram, nihil penitus exigatur/ he muket.h
thisglo*3, * hie solidus smnitur pro duodecim
'deoarijs Anglicanis, &c. Sed qiucro,' saith
he, * nuinauid circa hos centum solidos debeut
'considerari valor in moneta jam currents,
' vel valor sterlingoram qui currebant tempore
'sratuti/ and there lie resylvetB, ' quod ubi
1 ditpositio surgit ex statute, ut hir, licet mo-
1 neta sit diminuta in valore, tamen debet con-
'»derari respectu monetx novw currentis, et
'non respectu antique. Nam mutata nioneta,
'mutari videtur statutum, ut scilicet intelliga-
1 ttrde nova, et non de veteri.' See Reg<st.
JO. a. and 54. b. where the king issues his writ,
I»W certified of the value of a church. The
*ttri* of the writ arc secundum taxationcm dc-
nme jam rurrentii. And 31 Ed. 3. Fitz. II.
Annuity 28. an annuity was granted to T. 8.
snul lie was promoted by the grantor to a suf-
ficient benefice ; I. $.4 .rings a writ of annuity
sgaia* riie grantor, who pleads that lie had
tendered to tbc plaintiff u sufficient benefice ;
tad there issue was taken on the value of die
krariire at the time of the tender.
But it was snid that, although in contracts
shall relate to the time of making the will ; for
the bequest is in the present tense, * 1 give
* and bequeath,' cvC and therefore legacies
shall be paid in such money us is current at
the time of the making the testament, or ac-
cording to the rate t hereof. It w as also said, that
if a man hath 1000/. of pure silver in marriage
with his wife, and afterwards thev are divorced
causa precontract us, by which the wife is to
receive her portion : or if a man recovers by
an erroneous judgment 100/. in debt, and hath
execution in pure silver money, and afterwards
the judgment is reversed, so that lie is to be
restored to all that he hath lost, although base
money be established in the mean time, resti-
tution shall he in such money as was current
at the time of the marriage, and at the time of
the recovery. But these latter catcs were not
resolved.
And as to the circumstance of place, it was
resolved, that although the contract was made
in London, yet, tlie place of payment being
appointed in Dublin, of necessity the obligor
must make his tender in the mixed money at
the time of the payment ; for all other money
was cried down and made bullion by the pro-
clamation aforesaid, and this money only esta-
blished; so that if the obligee had refused this
mixed mouey, he had committed a contempt,
for which he might be punished. Also the
judges are not hound to take notice of any mo-
ney, that is not current by proclamation. And
therefore Prisot saith, 34 Hen. 6. 13. a. * we
' are not apprised of 6/. Flemish, as we are of
' 100 nobles ;* and therefore in all contracts of
inercliauts, * consuetudo ct statuta loci, in
* quein est destinnta solutio, re^picienda feunt/
Budelius de re numranrisi, lib. '2. <;. 21. And
it was said, that if at tins day the law should
be taktn, as it was taken in the time of Ed. 1.
that upon judgment in debt given in England,
on a testatum that the defendant hath nothing
in England, but that he hath goods and lund*
in Iretnnd ; a writ of execution shall be award*
ed to the chief justice or deputy of Ireland, to
levy the debt there, (which writ is found in
Registro Brer. Jud. 43. b.) tlie sum in such
case shall be levied according to the rate of
Irish money, and not of English money, and in
such coin as shall be current in this kingdom,
ut the time of the execution.
And according to this Resolution, several
otlier Cases on the same point were afterwards
ruled and adjudged in the several Courts of
Record in Dublin.
VOL. it.
IS*]
STATE TRIALS, 3 James I. 1005.— ArticuU CHrt.
0»se
79. Ahticuli Clkri : Articles (so intitled by Lord Coke) of
Complaint against the Judges of the Realm ; exhibited by
Richard Bancroft, Archbishop of Canterbury, in the Name
of the whole Clergy: Michaelmas Term/ 3 Jac. a. d. 1605.
Together with the Answers thereunto by all the Judges and
Rarons. [Lord Coke's 2d Inst. 601.]
.LORD Coke, in treating of the Stat. 9 Ed. 2.
called A rticuli Clf.hi, says:
" Long before the making of this statute, that
is, anno 42 U.S. a. d. 1258, Boniface younger
M>nne of Thomas earle of Savoy, archbishop of
Canterbury, uncle of Klinnor queen of Eng-
land, who was daughter of Reymoud earle of
Province hv Beatrix daughter. of Thomas earle
of Savoy, and sister to the said Boniface, made
divers and ninny canons and constitutions pro-
vincial! directly against the lawes of the realme,
which canons begun thus : * Universis Christ i
1 fidelibus ad quos pnrsens pagina pervenerit,
1 Bonifacius miserntione diviua Cantuariensis
' archiepiscopus, totius Anglin?. primas, et sui
' sutfruganci in vcrbo sahitari salutem.' And
ending thus : ' Actum apud Westm', sexto
* iduum Junii a.d. 1258. In quorum omnium
* robur et testimonium, &c.' which being ex-
ceeding long, we could not here insert. But
the effect of them is, so to usurp and incroach
upon many matters, which apparently belonged
to the common law, as, amongst many others,
the try a 11 of limits and bounds of parishes, and
right of patronage, against tryall of right of
tithes (by indicavU) against. wriis to the bishop
u|)On a recovery in a quart impedit, ike. In the
king's courts. That none of their possessions
or liberties, which any of the clenry had in the
right of their church, should be tryed before
any secular judge ; (so as they would not have
conusance of things spiritual!, but of temporall
also) and concerning distresses and attach-
ments within their fees, and in effect, that no
quo warranto should be brought against them,
when they had been long in possession, with an
invective against the perverse interpretation by
the judges of the realme (so they termed it) of
charters, &c. granted to them, and in substance
against the ancient and just writs of prohibi-
tion in cases, where by the lawes of the realme
they are maintainable : and commandement
given to admonish tlie king and interdict his
lands and revenues, and thnudred out excom-
munications against the judges and others if
they violated, or obeyed not the said canons
and constitutions. And this was the principull
ground of the controversies between tlie judges
of the realme and the bishops : for this caused
ecclcsnstieall judges to usurp and uicroarh
upon the common law. But notwithstanding
the greatness*- of the archbishop Boniface, and
thatdiverd of the judges of tlie realm were of the
clergy, and all the great officers of the realm, as
chancellor, treasurer, privie seale, &c were pre-
lutes ; jet the judges proceeded according to
the lawes of the realm, and still: kept, though-
with great difficulty, the ecclesiastical courts-
within their just and proper limits. The court*
by pretext of these canons being at variance,
at length at a parliament holden in tlie 51 yearr
of Henry the third, Boniface, and the rest of
the clenry, complained (which was ultimum
rtfugium, and yet the right way) and exhibited
many Articles ns grievances, called Articvti
Cleri. The Articles exhibited by the clergie
either by accident or industry are not to be
found; some of the Answers are extant, • viz.
* Ad 16 Articulum de usurte, respondctur, quod
* licet episcopus, ike. — Ad 17 articulem de defa-
* matione, &c. respondetur, si aliquis defa-
' matus, &c si autein certae persons nominate
' fuerint, per quas rci Veritas melius scire po-
* tent, noininantur, ad proband' matrimonium
* vel testamentutn : et similiter in accusatio-
1 nibus tales persona iinpcdiendae non sunt,
* quia testimonium perliibent veritati, scd prop-
' ter hoc non est congregatio laicorum faciend*,
' quia per congregationem hujusmodi servitia
' domiuus possit deperire. — Ad 18 Artie' doini-
' nas posuit remedium. — Ad 19 Artie' respon-
* detur, quod archiepiscopus de episcopatu
1 vacante 11011 se intromittat quantum ad tem-
* poralia, sed tantum se de spirit ualibus intro-
* mittat, &c— Ad 20 Artie' respondetur, quod
4 de clericis occisis, et de hits qui forsan occidi
1 coutigerit, in futurum tint justitia, secundum
'legem et consuetudinem terra, ike. — Ad 21
' Artie* respondetur, quod excommunicato per
* ordinariimi, aut aliuin judicem competentem,
' et denunciatus Ui liter, debebit ab ahis evitari*
( nisi forsan excommunicatus conqueratur se
' esse injuste excommunicntum pro aliqua re
1 temporaii, dc qua non debcat coram ordinario
' respondere, ad cujus probationera debet ad-
1 mitti, sed in caiieris qua; proponit, ut actor,
i est interim evitandus .*— Ad 22 Artie' mandu-
( bitur justiciariis, quod non tiant aliqua? prisas
1 per totam terrain de bonis aliquorum, nisi dc-
' bitae prisa? et consneta*. — Ad 23 Artie' res-
* pondetur, quod cum aliqui teneant aliquod de
* rege in capite unde custodia debeatur, cus-
* todia^ omnium terrarum de quibuscunquc
* teneutes illi tenementa ilia teneant cum acci-
' derint (si inde custodia habere debeatur) hac-
' tenus ex con«uetudine approbata spectarunt
* ad regem, sed episcopi si ex pt dire vidcant,
( inhiUant tenentibus suis, ne aliqua tenementa
* si hi pvrquirant de feodis regis.'
These Answers are yet extant of record, and
are worthy to be read at large as they jet
remaine; whereuoto we refene the reader.
«3]
STATE TRIALS, 3 James I. UiQ5.— Articuli Cleri. [134
of his fidelity and great wisdome, and * Wal-
4 terus 'urchiepiscowus Cantuarieusis reci era-
Tbis is to be observed, that none of Boniface's
Canons against the lawes of the realm, and the
crowne and dignity of the king, and the birth-
right of the subject, are here confirmed.
What the residue of the Articles and the
Answers were, may be collected by that act
of parliament entitled ' Prohibitio tor mat a dc
statu to Articuli Cleri,' which was made in the
time of Edward the first, about the hegiuning high time that we should descend to the pcru-
-ru: : „.i.:^i. i— : ~i. .1 .... x^ _j - sail of the preamble, and the Aiticles and An-
swers. But before we come to it. it shall con-
ihicemuch to the right undemanding of dixers
parts of this act of parliament, to report unto
you what Articles Richard Bancroft archbishop
of Canterbury exhibited in the name of the
whole .clergy in Michaelmas terme anno 3 Ja-
cob, regis to the lords of the privie counceli
against the judges of the realm, mtuled,
of his reign, which begiimeth thus : Eduardus,
irf. pnrkttis, SfC. wherein divers points are to
W observed against the canons of Boniface :
4 1. Quod cognitiones placitorum super feoda-
1 lihus et libertatibus feodalium, districtionibus,
4 officus ministrorum, executionibus contra pa-
* cenvaostram factit, felonuin negotiationibus,
4 coosoetudinibus aecularibus, attachiamentis,
9\i Jaica malerac tori bus rectatis, robberiis,
' arrestutionibus, maneriis, advocationibus ec-
4 desiarum, suttirientibus as sisis juratis, re-
1 cogoitionibiis laicum feodum * contingenti-
* has, et rebus aliis, et causis pecuniarum,
4 et de aliis catallis et debitis quae -non sunt
' de testament' vel raatriinon' ad coronam
4 et dignitatem regiuin pertineant, et de regno
* de coiisuetud' ejusdem regni approbata, et
* hacteuus observata. 2. Et proceres, et inag-
* nates, aut alii de eodem regno teinporibus
' nostrorura predeceasorum regum Angliae, seu
' nostra authoritate alien jus non consuevemut
'-coutra consuetuilinem ilium super hujustnodi
4 rebus in causa train vel compelli ad compa-
* rcnduin coram quocunque judice ecclesiastico. ■
' 3. Et quod vicecoines non permittant, quod
4 aliqui iaici in baliva sua conveniuntad aiiquas
* recognitions per sacramenta sua fnciend',
1 nisi in causis inatrhuonialibus et testaineu-
' tariis.* Of the substance of this prohibition,
firrrtonspeaketh in these words, ' et queux ount
1 sutiert pleader en court christian auters pleas,
' que de testament on inatriinonie, et de pure
4 spiritueltie sans deniers prender de lay home.
*0u *uriert lay home iorrer de vant lord i nary.'
After this the Clergy, at a Parliament holden
rathe raigne of the same king E. 1. preferred
Aiticles intitled * Articuli contra prohihitiou-
ca regis,' fearing lest by reason of some gene-
rjfl words therein tliey might be prohibited in
causes, which of right belonged to the ecclesi-
astical jurisdiction, in these words, ' sub hue
1 forma impctrant laici pruhibitionem in genere
1 toper decimis, oblationibus, obveniionibus,
4 inurtuariis, redemptionibus penitentiarum,
' viokntn manuuin iujectiane in clericum vel
4 coiiiiuiftsariuiu, et in causa defamations, in qui-
' bus cusibus agitur ad pcenam cauonicam mi-
4 pnnendam.' And a just and legull Answer
was made thereunto, as thereby appeareth.
fiat it i» to be observed, that they claimed no-
thing which was against the true lucaniug of
the*aid art. called * Prohibitio fonnata de sta-
4 Into Artie' Cleri,' nor any of Boniface's* canons
Co rxe confirmed ; and so these matters rested,
untill the parliament holden at Lincoln in the
ninth yea/e of Edw. <2, where Walter Key nolds
bithop o( Canterbury (whom the king favour-
ed, Much oqef singularly for the opinion he had
iepisco|»us I antuarieusis regi gn
* tiosissimus fuit, hac regis squiisima re sponsa
' ad pralatorum petita obtinuit/ in the name
of hiinsclfe and of the clergy, preferred these
16 Articles, and by autlwrity of parliament
had the Answers here following seriatim -to
every one of them. — And now it may seem
Certain Articles of Abuses, which are desir-
ed to be reformed, in granting of Prohibi-
tions, and the Answers thereunto :
Upon mature deliberation and consideration,
in Easter terinc following, by all the Judges of
England, and die barons of the exchequer,
with one unanimous consent under their hand*
(resolutions of highest authorities in law) -which
were delivered -to the lords of .the counceli.
And we for distinction sake (because we shall
have occasion often tq cite them; cadi them
Articuli Cleri 3 Jacubi.
1. His majesty hath power to reforme abuses
in Prohibitions.
Objection. The clergy well hoj>ed, that they
had taken a good course in seeking some re-
dresse at his majesties hands concerning sun-
dry abuse* offered to hKecclcsiastieall jurisdic-
tion, by the over frequent and undue granting
of prohibitions ; for both they and we supposed
(all jurisdiction, both ecclcsiasticall and tem-
poruil being annexed to the imperial] crowne
of tlus real me) that his higlmesse had been
held to have had sufficient authority in him-
selfe, with the assistance of his counceli, to
judge what U amisse in either of his said juris-
dictions, and to have reformed the same ac-
cordingly ; otherwise a wrong course is taken
by us, if nothing may hee reformed that is now
complained o£ but what the temporal I judges
shall of them*elvts willingly yeeld unto. This
is therefore the first point, which upon occa-
sion lately olfertd before your lonUhips by
some ot the judges, we desire may be cleared,
because we are strongly perswnded us touching
the validity of his majesties said authority, and
doe hope that we shall he able to ju*ti1ic the
same, notwithstanding any tiling that the
judges, or any other can alledge to the contrary.
AnsvLr of the Judges. No man makcih
any question, but that both the jurisdictions
are lawfully and justly in his majesty, and
that if any abuses be, they ought to bee re-
formed : but what the law doth warrant in
cases of prohibitions to keep e\ery jurisdiction
in his true limits, is not to be said an abuse,
nor can be altered but by parliament.
133]
STATE TRIALS, 3 James I. \<>05.—ArtkuU deri.
[13(5
2. The formes of Prohibitions prejudiciall to
his majesties authority iu causes ecclesias-
tical!.
Objection, Concerning the forme of prohi-
bitions, forasmuch as boih the ecclesiasticall
and temporall jurisdictions be now united in
his majestie, which were heretofore dc facto,
though not dc jure derived from severall head>,
we desire to be satisfied by the judges, whether,
as the case now staudetli, the former manner
of prohibitions heretofore used importing an
ecclesiasticall court to be uliud forum <i foro
regio, and the ecclesiastical I law not to be
legem terra, and the proceedings in those
courts to bee contra coronam ct dignitatem rc-
giam, may now without offence and derogation
to the kings ecclesiastical prerogative be con-
tinued, as though either the said jurisdictions
remained now so distinguished and severed as
they were before, or that, the lawes ecclesinsti-
call, which wee put iu execution, were not the
kings and the rcalm<»s ccclc*ia*ticall lawes, as
well us the temporall lawes.
Ansuer. It is true, that both the jurisdic-
tions were ever dc jure in the crown* \ though
the one sometimes usurped by the see of
Koine ; but neither in the one time, nor in the
other hath ever the forme of prohibitions been
altered, uor can bee but by parliament. And
it is contra coronam ct dignitatem rcgiam for
any to usurp to deale in Unit, which they have
not law full warrant from the crowne to deale
in, or to take from the temporall jurisdiction
that which belonged to it. The prohibition*
doe not. import, that the ecclesiu si icall courts
are aliud then the kings, or not the kings
courts, but doe import, that the cause is drawne
into aliud examen then it ought to be : and
therefore it is alwaies said iu the propositions
(lie the court temporall or ccclesiasticall, to
which it is awarded) if they deale iu any case
which they have not power to hold plea of,
that the cause is drawn ad aliud tinmen then
it ought to he ; and therefore contra coronam
et dignitatem rcgiam.
3. A fit time to be assigned for the defend-
dnnt, if he will seek a Prohibition.
Ohjcction. As touching the time when Pro-
hibitions are granted, it secmeth strange to u«,
that, they are not onely granted at the suit of
the defendant in the ccclesiasticall court after
his answer (whereby hee afunneth the jurisdic-
tion of the said court, and submitteth hnu-elic
unto the same ;) hut also after all allegations
and proofes made on both sides, when the
cause is tally instructed and furnished for son-
tenee : vea. after sentence. vea alter two or
three sentences given, and after, execution of
the said sciitenrv <>r sentences, ami win n the
party for his long continued disobedience is
laid iu priviTi upon the writ of -excommunicato
capiendo t which courses, forasmuch as they are
against the rules of the common law iu like
cases, ns we take it, and doc tend so greatly to
the delay ofjubticc, vexation, and charge of the
subject, and the disgrace and discredit of his
majesties jurisdiction ecclesiasticall, the judgei,
as we suppose,- notwitlistanding their great
learning iu the lawes, will be hardly able in
defence of them to satisfie your lordships.
Antzcer. Prohibitions bv law arc to be
granted at any time to restraiue a court to in-
termeddle with, or execute any thing, which by
law they ought not to hold pfea of, and they
are much mistaken that maintaine the con-
trary. And it is the folly of such as will pro*
ceed in the ecclesiasticall court for that,
whereof that court hath not jurisdiction ; or in
that, whereof the kings temporall courts should
have the jurisdiction. And so themselves, by
their extraordinary dealing, are the cause of
such extraordinary charges, and not the law?
for their proceedings iu such case are corah
non judicc. And the kings courts that may
award prohibitions, being informed either by
the parties themselves, or by any stranger, that
any court temporall or ecclesiasticall doth hold
plea of that, whereof they have not jurisdiction,
may lawfully prohibit the same, as well after
judgement and execution, as before.
•J. Prohibitions unduly awarded heretofore
in all causes almost of ccclesiasticall cog-
nizance.
Oljcctim. Whereas it will be confessed,
that cause* concerning testaments, matrimony,
benefices, churches, and divine service, with
many orVences against the 1, 2, 3, 4, 5, 7, 9,
and 10 coiumandemeuts, arc by the lawes of
this reuhn of ccclesiasticall cognizance, yet
there aic few of them, wherein sundry prohi-
bitions have not been granted, and that more
ordinarily of latter times, then ever heretofore,
not because we that arc ecclesiasticall judges
doe give greater cause of such granting of them,
then before have been g'nen, but for that the
humour of the time is growne to be too eager
against ail ccclesiasticall jurisdiction. For
whereas, iov examples sake, during the raigne
of the late cjueen of worthy memory, there
have lieeii 48*1 prohibitions, and since his ma-
jesties time 8-2 sent into the com t of the arches;
we humbly desire your lordships, that the
judges may be urged to hiing forth one prohi-
bition often, nay the twentieth prohibition of
ail the said 48S, and but 2 of the said 82,
which upon due considerations with the libels
in the ccclesiasticall court, they shall he able
to justitic to have been rightly awarded : we
suppose they cannot ; our predecessors, and
we our sehes have ever been so cartfull not to
exceed the cotnpnsse and limit* of the ccclesi-
asticall jurisdiction : which if thev shall refuse
to attempt, or shall not he able to perfonne,
then we refene our stives to your lordships
wisdomes, whether we have not just, cause to
complaine, and crave restraint of this over
lavish grain ina of prohibitions iu every cause
without respect. That which we have said of
the prohibitions in the court of the arches, we
verily pcrswade our selves may be truly affirm-
ed of all the ecclesiasticall courts in England,
137]
STATE TRIALS, 3 James I. \GQ3.—Articuli Cleri.
[13*
which doth so much the more aggravate this
abuse.
Annetr. It had been fit they should have set
dowue some particular cases, in which they Hod
the ecciesiasticall courts injured by the tempo-
nil (its their lordships did order) unto which
we would have given a particular answer; but
spon these generalities nothing but clamour can
be concluded. And where tbey speake of mul-
titude^ of Prohibitions ; tor all grunted to, or in
respect of any ecciesiasticall court, we have
Heretofore caused diligent search to be made in
in kings bench and common pleas, from the
beginning of his majesties raigne, unto the end
0! Hilary term, in the third yeare of his raigne;
in which time we find, that there were granted
unto all the ecciesiasticall courts in England
out of the kings bench but (251 ; whereof 14$,
were de modo decimandi, upon unity of posses-
lion, for trees of SO yenres growth and upwards,
tad for barren and heath ground ; and all out
of the common pleas, but 62, whereof 3 1 were
wrh as before, and the rest grounded upon the
bounds of parishes, or such other causes as they
taoht to be granted for; but for that which was
done in the late queenes time, it would be too
lor* a search for us to make, to deliver any cer-
tainty thereof. And for his majesties time,
U4T requiring to have but two to be lawfully
wvraiited upon the libell in the ecclesiastical!
oart, we have six to shew to he lawfully
warranted upon tlte libell there, and so are nil
tue rest of like kind, by which it will appeare,
tut this suggestion is not onely untrue, hut
wo, that the extraordinary charges growing
Liito poore men, are of necessity by meanes of
thi undue practices of ecciesiasticall courts.
5. The multiplying of Prohibitions in one and
the same cause, the libell being not altered .
Objection. Although it hath been anciently
irdaioed by a statute, that when a consultation
d once duly granted upon a prohibition made
u the judge of holy chnrch, the same judge
*av proceed in the cause, by vertue of that
CMMiitalion, notwithstanding any other prnhi-
t Lja to him delivered, provided that the mat-
te jd i ho libell of the same cause he not en-
piwd, enlarged, or otherwise changed; yet
>'t»it!i*tandiug prohibitions and consultations
m one and the same cause, the libell being no
• lies altered according to tho said statute, are
otcly so multiplyed, as that in some one cans*',
%t aforesaid, two, in some three, in some other
M prohibitions, and so many consultations have
Utn awarded, yea divers urc so grnntid out of
ftne curt: aj> for example, when after long suit
i consultation is obtained, it is thought a sufii-
rent cau«e to send out another prohibition in
revocation of the said consultation, upon sii£-
P*ti-*n therein contained, that the said consnl-
ttiiim minu* commode emtmavit. By which
ynxiy device the judges of thoee courts which
Paot prohibitions, may', notwithstanding the
*A stafuie, upon one "libell not altered, grant
to rnany prohibitions as they list, commanding
■« ecciesiasticall judges in his majesties name,
not to proceed in any cause that is so divers
times by them prohibited, whereby the poore
pluiutifes doe not know when their consulta-
tions (procured with great charge} will hold, and
so finding such and so many difficulties, are
driven to goe home in great griefe, and to leave
the causes in Westminster-hull, the ecciesiasti-
call judges not daring to hold any plea of them.
Now may it please your lordships, the premisses
being true, we humbly desire to heare what the
judges are able to produce for the justifying of
these their proceedings.
Answer. It were fit they should set downe
particular causes, whereupon this grievance is
grounded, and then we doubt not but to answer
it sufficiently, without using any pretty device,
such as is set downc in this article.
6. The multiplying of Prohibitions in divers
causes, but of the same nature, after con-
sultations formerly awarded.
Objection. We suppose, that as well his majes-
ty's ecciesiasticall jurisdiction, as also very many
of his poore, but dtitifnll subject*, are greatly
prejudiced by the granting of divi-rsscverall pro-
hibit ions, and consultation* in causes of one and
the same nature and condition, aud upon the
selfe samV suggestions: for example, in case of
beating a -clerke, the prohibition being granted
upon this suggestion, that all pleas dc vi ct ar-
mis belong to the crowne, tkc. notwithstanding
a consultation doth thereupon ensue, yet the
very next day after, if the like suggestion be
nude upon the beating of another cierkc, even
in the same court another prohibition is award-
ed. As also, whei e 570 prohibitions have been
granted since the late queenes time into the
court of arches (as before is mentioned) and
but 113 consultations afterwards upon so many
of thein obtained : yet it is evident by the said
consultations, that (in effect) all the rest of the
said prohibitions ouirht not to have been award-
ed, as being grounded upon the same sugges-
tions, whereupon consultations have been for-
merly granted: and so it followeth, that the
causes why consultations were awarded upon
the rest of the baid prohibitions, were for that
either the plaint ifes in the court ecciesiasticall
were driven for sax iug of further charge, to com-
pound, to their lo*sc, with their adversaries, or
were not able to sue for them : or being able, yet
through strength of opposition against them,
were con-trained to desist; which i» an argu-
ment to us, that the temporall judges doe wit-
tingly und wiiiincly grant prohibitions, where-
upon they know, before hand, that consult at ions
are due: and if wo mistake any thing in the
premises, we des-ire your lordships, that the
judircs, for the justification of their courses, may
better enformc u*.
Answer. It shall be jjood, the ecclesiastical
judges doe better enfornu* themselves, and that
thev put some one or two particular rases to prove
their Mi«:gcstions, and thereupon they will find
their owne crrour; for the case- may be so, that
two >everall ministers siting in the ecciesiasticall
court for beatini: oi them in one and the selfe
139]
STATE TRIALS, 3 James L 1 G03.— ArticuH Cleri.
1144)
same forme, that the one may and ought to
have a consultation, and the other not. And
so it is in cases of prohibitions, de modo deci-
tnandi ; and hereof groweth the oversight in
making this objection. And we assure our
selves, that they shall not find 570 prohibitions
granted into the arches since her late majesties
death; for we find (if our clerkes affirme truly
upon their search) that out of the kings bench
have been granted to all the ecclesiasticall courts
in England but 251 prohibitions (as before is
mentioned) from the beginning of his majesties
raigne, unto the end of Hilary termelast; and
out of the common pleas not 63. And therefore
it cannot be true, that so many have passed to
the arches in that time, .as is set downe in the
article ; and this article in that point doth ex-
reed that which is set downe in the fourth arti-
cle by almost 500, and therefore whosoever set
this downe, was much forget full of that which
was before set downe in the fourth article, and
might well have forborne to lay so great a scan-
dull upon the judges, as to affirme it to be a
witting and willing crrour in them, as is set
downe in this article.
7. Xew formes of Consultations, not ex-
pressing the cause oi the granting of them.
Objection. Whereas upon the granting of
Consultations, the judges in times pa>t did
therein expresse and acknowledge the causes so
remitted to be of ecclesiasticall cognizance,
which were presidents and judgements for the
better assurance of ecclesiasticall judges, that
they might afterward hold plea in such cases,
and the like ; and were also some barre as well
to the tcinporall judges themselves, as also to
many troublesome and contentious persons from
either granting or seeking prohibitions in such
cases, when so it did appeare unto them upon
record, that consultations had been formerly
granted in them ; they the said temporall judges
have now altered that course, and doc ouely
tell us, that they grant their consultations certis
de can sis ipxos apud Westm* wovcnlihus, not ex-
pressing the same particularly, according to
their ancient presidents. Hy monies whereof
the temporall jud^c^ leave themselves at liberty
without prejudice, though they deny a consul-
tation ; at another time upon the same matter
contentious persons are animated, finding no
cause expressed, why they may not at another
time sccke for a prohibition in the same cause;
and the ecclesiasticall judges are left at large to
thinkc what they list, being no way institictcd
of the nature of the cause which procured the
consultation : the reason of which alteration in
such consultations, w e humbly intreat your lord-
ships, that the judges, for our better instruction,
may be required to exprc&sc.
Answer. If we find the declaration upon the
Mirmi«c, upon which the prohibition is granted,
not to warrant the surmise, then we forthwith
grant u consultation in that forme which is men-
tioned, and that matter being mentioned in the
consultation would lie very long and cumber-
some, mid give the ecclesiasticall court little in-
formation, to direct them in any thing there-
after ; and therefore in such cases, for brevity
sake, it is usuall : but when the matter is to re-
ceive end by demurrer in law, or tryall, the
con Mil tat ion is iu another forme. And it is
their ignorance in the arches, that will not un-
derstand this, and we may not supply their
delects with changing our formes of proceed-
ings, wherein if they would take the advice of
any learned in the lawes, they might soon re-
ceive satisfaction.
8. That Consultations may "be obtainpd with
lesse charge and difficulty.
Objection. The great expences and manifold
difficulties in obtaining of Consultations are be-
come very burtheusome to those that seeke for
them ; for now a dayes, through the malice of
the plaintifes in the temporall courts, and the
covetous humours of the clerkes, Prohibitions
are so extended and enlarged, without any ne-
cessity of the matter (some one prohibition con-
taining more words and lines then forty prohi-
bitions in ancient times) as by meanes tliereof
the party iu the ecclesiasticall court, against
whom the prohibition is granted, becomes either
unwilling, or unable to sue for a consultation, it
beins now usuall and ordinary, that in the con-
sultations must be recited in eadc/n verba" the
whole tenour of the prohibition, be it never so
long ; for the which (to omit divers other fees,
which are very great) he must pay for a draught
of it in paper viii. d. the sheet, and for the entry
of it xii. d. the sheet. Furthermore, the Prohi-
bition is quicke and speedy; for it is ordinarily
granted out of court by any one of the judges
in his chamber, whereas the Consultation is very
slowly and hardly obtained, not without (often-
times) costly motions in open court, pleadings,
demurrers, and sundry judiciall hearings of both
parties, and long attendance for the space of
two or three, nay, sometimes of eight or nine
yeaivs before it be obtained. The inconve-
nience of which proceedings is so intolerable,
as we trust, such as are to grant consultations
will by your lordships meanes not onely doe
it expeditely, and moderate the said fees; but
also re forme -the length of the said consulta-
tions, according to the formes of consultations
in the Register.
Answer. It were fit tlie particular cause were
set dowue, whereupon the geucruil grievance,
that is mentioned in this article, is grounded ;
and that done, it may hat en full answer: for a
Prohibition is grounded upon the libcll, and the
Consultation must ngiee therewith also; and
therefore we doubt not, but the ground of this
grievance, when it. is well looked into, will grow
from themselves in interlacing of much nuga-
tory and unnecessary matter in their liheils : and
for the tees taken; wee assure our selves, none
are taken, but such as are anciently due and
accustomed ; and it will appiure, that we have
abridged the fees, unit length of pleadings, and
use no dehtyes, but such as are of necessity, and
we wish they would doe the like, and upon ex-
amination it will appeare of %i Inch side it gnmci.
141]
STATE TRIALS, 5 James I. 1605.— Artiadi Oeri.
[142
that the fees or delayes are so intolerable. And
where in ancient time sueh as sued for tithes,
would not sue but for things questionable,
and oever sought at their parishioners hands
their tithes in other kinds then anciently they
had been used to Ijave been paid ; now many
turbulent ministers do infinitely vexe their pa-
rishioners for such kinds of tithes as they never
had, whereby many parishes have been much
impoverished : and for example, we shall shew
one record, wherein the minister did demand
seventeen severall kinds of tithes, whereupon
the partie suing a prohibition had eight or nine
of them adjudged against the minister upon de-
nurrer in law, and other passed against him by
tryall, and this must of necessity grow to a mat-
ter of great charge ; but where is the fault, but
io the minister that gave occasion ? and we will
shew one other record, wherein tlie party con-
fessed to some of us, that bee was to sue his pa-
rishioner but for a calfc and a goose ; and that
has proctor neverthelesse put in the libeli or de-
mand of tithes, of seven or eight things more
then be bad cause to sue for : this enlarged the
Prohibition, and gave occasion of more expence
then needed ; and where is the fault of this,, but
in the ecclesiasticall courts? and as in these, so
can wee approve in many others; and there-
fore wee must retort the cause and ground of
this grievance upon themselves, as more parti-
cularly may appeare by the severall presidents
to be shewed in this behalfe.
9. Prohibitions not to be granted upon fri-
volous suggestions.
Objection* it is a prejudice and derision to
both his majesties ecclesiastical and temporal
jurisdictions, that many prohibitions are grunted
upon trifling and frivolous suggestions, altogether
tnworthv to proceed from the one, or to give
soy hinderance or interruption to the other:
ts upon a suit of tithes brought by a minister
against his, parishioner, a Prohibition flyeth out
upon suggestion, that in regard of a special
receipt, called a cup of buttered beare, made
by the great skill oi the said parishioner to cure
a grievous disease called a cold, which sorely
toebled the said minister, all his tithes were
discharged. And likewise a woman being con-
vented for adultery committed with one that
suspiciously resorted to her house in the night
limey the suggestion of a Prohibition in this
esse was, that ( omnia placita de nocturnis
* ambulation! bus' belong to the king, &c. Also
where a legatary sued for his legacy given in a
watt, the prohibition was, * Quia omnia placita
'de doms et consessionibus spectant ad forum
(regiura, et non ad forum eecicsiasticum, dum-
'modo non sint de testamento et matrimonio;'
is if a legacy were not donatio de or in testa-
mtmo, with many other of like sort. The re-
formation of all which frivolous proceedings,
so chargeable notwithstanding to many poore
Ben, and the great hind em nee of justice, we
humbly referre to your lordships consideration.
Anucer. We grant none upon frivolous
ug&estions, but for the case put, it i$ ridicul-ais
in the minister to make such a contract (if any
such were) but that maketh not the contract*
void, but discovereth the unworthiness of the
party that made the same, and yet no fault in
granting the prohibition ; but when it shall ap-
peare unto us, that such a matter is suggested
by fraud of any elerke or couuceller at law, we
will not remit such offences, but will exclude
such attorney from the court, and such coun-
ccllers from their practice at the barre. And
if they will suggest adultery to one, against
whom they prove but night walking, and doe
adjudge him for it, we are in such a case to
prohibite their proceedings: for that is a mat-
ter meerly pertinent to the temporall court ; so,
if it appeare hee hath eutred the house as a
tluefe, or a burglarer, and so in many other
cases also. And if any surmise a legacy from
the dead, where it was but a promise or pay-
ment in his life time, in that case such a suit is
to be prohibited : but if in these cases the par*
ties were named, then we might see the record,
and thereupon be directed to shew upon what
consideration these prohibitions were granted,
otherwise we shall think that these are cases
newly invented.
10. No Prohibition to be granted at his
suit, who is plaintife in the spirituall court.
Objection. We suppose it to be no war-
rantable nor reasonable course, that prohibi-
tions are granted at the suit of the plaintife in
the ecclesiasticall court, who having made
choice thereof, and brought his adversary there
into tryall, doth by all intendment of law and
reason, and by the usage of all other judiciall
places conclude himself in that behalfe ; and
although he cannot be presumed to hope for
hclpe in any other court by way of prohibition,
yet it is very usuall for every such person so
proceeding onely of meere malice for vexation
of the party, and to the great delay and hinder-
ance of justice, to find favour for the obtaining
of prohibitions, sometimes after two or three
sentences, thereby taking advantage (as he
must plead) of liis owne wrong, and receiving
aide from that court, which by his owne con-
fession, he before did conteinne; touching the
equity whereof, we will expect the answer of
the judges.
Ansucr. None may pursue in the ecclesi-
asticall court for that which the kings courts
ought to hold plea of, but upon information
thereof given to the king's courts, either by the
plaintife, or by any meere stranger, they are to
be prohibited, because they deale in that which
appertained not to then* jurisdiction, where if
they would be care full not to hold plea of that
winch appertained not to them, this needed
not : and if they will proceed in the kings
courts against such as pursue in the ecclesias-
ticall courts for matter temporall, that is to be
inflicted upon them, which the quality of their
offence requireth; and how many sentences
howsoever are given, yet prohibitions there-
upon are not of favour, but of justice to be
granted.
I W]
STATE TRIALS, 3 James I. 1 605.— ArticuU Clcri.
[1U
1 1 . No Prohibition to be granted, but upon
due consideration of the libell.
Objection. It is (we are persuaded) a great
abu*»e, and one or' (he chiefe grounds of the
ino>t of the former abuses, and many other,
that prohibitions arc granted without sight of
the libell in the ecclesiastical! court; yea,
sometime* before the libell be there exhibited,
whereas by the I awes and statutes of this realiuc
(as we thinke) the hhcll (being a bricfe declara-
tion of the matter in debate bctweeue the
plaintiie and defendant) is appointed us the
only rule and direction for the due granting of
a prohibition, the reason whereof is evident,
pleasure draw any cause whatsoever from the
ecclesiastical I court: for example, many prohi-
bit uns have lately come forth upon this sugges-
tion, that the lawes ecclesiastical! do require
two witness", win- re the common law accept* tu
of one; and therefore it i* contra It gem term,
for the ecclesiastical 1 judge to insist upon two
witnesses to prove bis cau«e : upon which *ug-
j: est ion, although many consultations have been
granted (the same being no way as yet able to
warrant and maintaiuu a prohibition) yet be-
cause \te are not sure, but that either by rea-
son of the use of it, or of some future construc-
tion, it may have given to it more strength then
is convenient, the same tending to the utter
viz. upon diligent consideration of the libell it, , .. ,, ,-,...,..
will easily uppeare, « hether the cause belong I overthrow u all ecclesiastical! jurisdiction we
to the temporall or eccloiasticall cognizance, j mtts\ ,,mnblJ desire, that bv vo,,r to"W»«P"
as on the other side without sight of the libell, i "O0<l m™™*> &t sai^ »™y be ordered to be
the prohibition must needs nm«j;e and roave • no more U!*cd.
with strange and forraignc suctions at the A**™r. It the question he upon payment,
will and pkasure of the devisor, 'nothing perti- or SL'UlnS out OI llt,,cs> or uPon the Pro,itc ot'»
nent to the matter in demand : whereupon it ! lc-llc>"\ or »»:irr,a:4y, "r audi like incidence, we
t when the judge eccle-ias- ' iir4? to ,euie lt to tlUi trya!l oi lheir law» though
cometh to passe, that
ticallis handling a matter of »'.moiiv, si prohi- i l!,c P»rty have but onewitnesse; but where
a sujjc^tiol^ that the ' l. nKlUer ,s imt determinable in the ecclts
bitkm is grounded upon
eouit tryeth * placita de advocaiionibus cccle-
' siarum, et de jure patronatu*.' And when
the libell containeth nothing but the demand of
tithe wool), and lamb, the prohibition surmiseih
a custome of paying of tithe pigeons. .So that
if it may be made a matter of conscience to
grant prohibitions only, where they doe rightly
sias-
ticail enm-r, there lyeth a prohibition cither
upon, or without such a surmise.
1°
o.
No good suggestion for a Prohibition,
that the cause is neither testamentary, nor
matrimoniull.
Oljiction. As the former device last men-
iii the ecclesia^ticall court, before nnv prohibi- i lwokil,d of causes to deale in, %i/.. testamentary,
' r ; and matnmomall : and this device iusultcth
tion be granted.
mightily in many prohibitions, commanding the
be the cause never so
il cognisance, yet bee
Answer. Who hatli an ndvow>on granted to ""P««»J "» » "»>' promtmi
him for money, beim: sued for simonv, shall ' ^dLsUtoticalljiwlge, that 1
hive a Prohibition ;' and it i* manifest, that ! "I'pawnUy oi ercle»mstic:;.
though in the libell there appeare no matter to ' "lj|1 ="lll<*"se; ^ »««* .'* "w:hcr a cause tes-
grant a prohibition, yet upon a collateral sur- i tament.iry, nor matnmomall: which suggestion,
mise the prohibition is to be granted : as where a* lt S'ew at *,,e !irs,1 uPou mI^aking, and oum-
one is sued in a spirituall court for tithes of
sitva cadttdj the paity may ?ugge$r, that thev
were grosse or grerit tree*, and have a prohibi-
tion, yet no such matter appcareth in the Hhcll.
$') if one bee sued there lor violent hand-* hii<i
on a minister by an osti'.er, as a constable, hec
Wing s>ued there may biiggcst, that the plaiutife
made an affray upon another, and he to pre-
serve the peace laid h:md.> on him, and so ha\e
a prohibition. And so in very many other like
cases, and yet upon the libell no matter ap-
penreth why a prohibition should be granted :
uml they will nevir shew, that a custome to pay
pigeons was allowed to discharge the payment
of woi'll, lnmb, or such like.
XT ./,... . ". , , ! tisrit<i. that we prohibit not so gem rail v as th
12. i\o Iruhibition to be granted under; pretend, nor «ioe in anv wise deale further th
pretence, that one witnesse cannot be re- I we oUL|lt to <i(ll.f ,0 tli*. prejudice of that whi
ceivedm the ecclesiastical 1 court, to ground apnirittincth to that jurisdiction; tut wh
a judgment upon.
Objection: There is a new devised suggestion
in the temporall courts commonly received anil
allowed, whereby they may at their will and
tin^r, the words, dc bonis et cutfillis, Ac as may
uppeare by divers anrieut prohibitions in the
Kegister; so it will not be denied, but that, be-
sides those two, divers and sundry other causes
are notoriously knowne to be of ecclesiasticall
cognizance, and that < onniltations areas bfiially
awarded, if suit in that behalfe be prosecuted,
notwithstanding the said suggestion, as ihcir
prohibition* are easily grantid ; which, ns an
injury, marching with the rv< to wound poore
men, protract suits and prejudice the courts
ecclL»iasticail, wc desire that the judges will be
pleaded to red rose.
Au%u(r, If they observe well the answer to
the former objections, thev mav be there!) v sa»
tislitc. tlr.it hc prohibit, not so generally as they
hen
lich
hen
they will dealc with mailers or temporall con*
tracts, coloured with pretended ccclusiasticall
matter, wee ought to prohibit them with that
tonne of prohibitions, mentioning, that it con-
145]
STATE TRIALS, 3 James I. 1005.— Ariiadi ClerL
[146
ceroeth not matter of marriage, nor testament-
ary: and they shall not find that we have
granted any, but by form warranted, both by
the Register, and by law : And when sugges-
tions, carrying matter sufficient, appeare to us
judicially to be untrue and insufficient, we are
as ready to grant consultations as prohibitions •
and we may not alter the forme of our prohi-
bitions upon the conceits of ecclesiastical!
judges, and prohibitions granted in tiie forme
«t downe in the article, are of that forme which
\n law they ought to be, and cannot be altered
lot by parliament.
14. No Prohibition upon surmise onely to
be granted, either out of the kings bench,
or common pleas, but out of the chancery
onely.
Objection, Amongst the causes whereby the
ecclesiastical I jurisdiction is oppressed' with
multitude of prohibitions upon surmises onely,
this hath a chiefe place, in that through incroach-
ment (as wte suppose) there are so many seve-
rall courts, and judges in them, that take upon
them to grant the same, as in the kings bencMi
fire, and in tlie common pleas as many, the one
court oftentimes crossing the proceedings of the
uther, whereas wee are perswaded, that all such
kinds of prohibitions, being originall writs,
ought onely to issue out of the chancery, and
neither out of the kings bench, nor common
pleas. And that this hath been the ancient
practice in that behalfe, appeareth by some
statutes of the reakne, and sundry judgements
at the common law ; the renewing of which
practice carrietb with it an apparent shew of
great benefit and conveniency, both to the
church, and to the subject : for if prohibitions
were to issue onely out of one court, and from
one man of ? uch integrity, judgement, sincerity,
and wisedom, as we are to imagine the lord
caaacellour of England to be endued with, it is
aot likely, that he would ever be induced to pre-
judice and pester the ecclesiasticall courts with
»s*aoy needlesse prohibitions; or, after a con-
wkation, to send out in one cause, and upon
sit and the same libell not altered, prohibition
assa prohibition, his owne act remaining upon
record before bim to the contrary. The fur-
tier consideration whereof, when, upon the
jatges answer thereunto, it shall be more tho-
roughly debated, wee must referre to your lord-
ships honourable direction and wisdome.
Ammer. A strange presumption in the ec-
detiasticall judges, to require that the kings
courts should not doe that which by law they
ought to doe, and alwayes have done, and which
by oath they are bound to doe ! and if this
shall be holden inconvenient, and they can in
discharge of us obtaine some act of parliament
to take it from all other courts then the chan-
cery, they shall doe unto us a great ease : but
the Law of the realme cannot be changed, but
by parliament : and what reliefe or ease such
an act may worke to the subject, wise men. will
soone find* out and discerne : but by these ar-
ticles thus dispersed abroad, there is a gene rail
VOI~ II.
unbeseeming aspersion of that upon the judges, '
which ought to have been for born.
15. No Prohibition to be awarded under a
false pretence, that the ecclesiasticall judges
would hold no plea for custoines for tithes.
Objection. Amongst many devices, whereby
the cognizance of causes of tithes is drawn from
ecclesiasticall judges, this is one of the chiefest,
viz. concerning the tryall of customes in pay-
ment of tithes, that it must be made in a tem-
poral! court : for upon a quirke and false sug-
gestion in Edward the fourth his time, made by
some sergeants, a conceit hath risen (which
hath lately taken greater strength then before)
that ecclesiasticall judges will allow no pica of
custome or prescription, either in non decimando,
or in modo decimandi ; and thereupon, when
contentious persons are sued in the ecclesiasti-
call court for tithes, and doe perceive, that upon
good proofe judgement Will be given against
them, even in their owne pleas, sometimes for
customes, doe presently, knowing their own
strength with jurors in the country, flie unto
Westminster hall, and there suggesting that they
pleaded custome for themselves in the ecclesi-
asticall courts, but could not be heard, doe
procure thence xery readily a prohibition ; and
albeit the said suggestion be notoriously false,
yet the party prohibited may not bee permitted
to traverse the same in the temporall court, di-
rectly contrary to a statute made in that behalfe :
neither may the judge prohibited proceed with-
out danger of an attachment, though himselfe
doe certainly know, either that no such custome
was ever a Hedged before him, or being alledg-
ed, that he did receive the same, and all man-
ner of proofes offered thereupon: which course
seemeth the more strange unto us, because the
ground thereof laid in Edward the fourth his
time, as aforesaid, was altogether untrue, and
cannot with any sound reason be maintained :
divers statutes and judgements at the common
law doe allow the ecclesiasticall courts to hold
plea of such customes ; all our bookes and ge-
nerall learning doe therewith concorre, and the
ecclesiasticall courts, both then and ever since,
even untill this day, have, and still doe admit
the same, as both by our ancient and recent
records it doth and may to any most manifestly
appeare. And besides, there are some consul-
tations to bee shewed in this very point, wherein
the said surmise and suggestion, that the eccle-
siasticall judges will heare no plea of customes,
is affirmed to be insufficient inlaw to maintaine
any such prohibition : and therefore we hope,
that if we shall be able, notwithstanding any
thing the judges shall answer thereunto, to jus-
tice the premisses, your lordships will be a
meanes, that the abuses herein complained of,
having so false a ground, may be amended.
Anftvcr. The temporall courts have alwayes
granted prohibitions as well in cases dc modo
decimandi, as in cases upon real! compositions,
either in discharge of tithes, or the manner of
tithing : for that modus decimandi had his ori-
ginall ground upon some composition in thr.t
J-
U7)
STATE TRIALS, 3 James I. }605.—Artiwli Clcri.
[144
kinde made, and all prescriptions and compos
bit ions in these cases arc to he tryed at the
oyer- borne, and poore ministers still left unto
country tryalls, there to Justine the rights ot*
common law, and the ecclesiastic all courts their tithes before unconscionable jurors in
ought to be prohibited, if in these case* they
had plea of tithes in kind : but if they will sue
in the ccclesiast icall court de vwdo decimandi,
or according to composition, then we prohibit
ihoro not : and the cause why the ecclcsiast icall
judges find fault herewith, is because many
ministers have arowne of late more troublesome
to their parishioners, then in times past ; and
thereby workc unto these courts more enmmo-
dity, whereas in former ages they were well con-
tented to accept that which was used to be
paid, and not to contend against any prescrip-
tion or composition ; but now they grow so
troublesome to their neighbours, us were it not
for the prohibition (ns may appeare by the pre-
sidents before remlnnbred) they would soone
overthrow nil prescriptions mid compositions
that are for tithe*, wrnch doth and would breed
such a general I garboile amongst the people, ns
were to be pitied, and not to he permitted.
And where thev sav, there bee many statutes
that take away these proceedings from the tem-
poral! courts, they arc much deceived; end if
these ca?es.
Ansicer, The answer to the former article
may serve for this; and w here the objection
seeuu th to impeach the try all at the commou
law by jurors, we hold, and shall be able to ap-
prove it to be a furre belter course for matter
of fact upon the testimonie of witnesses,
sworne viva wee, then upon the conscience of
any one particular man, he ins; guided by paper
proofes ; and we ne\cr heard it excepted unto
heretofore, that any statute should be expound-
ed by nny orher then the judges of the iand ;
neither was there e\er nnv so much over-seen,
as to oppose himsclfe against the practice of all
ag*»s to make that question, o? to lay any such
unjust imputation upon the judges of the
reahnc.
17. No Prohibition to he granted, because
the treble value of tithes is sued for in the
ccclttiiisi icall .court.
Objection. Whertasit appenreth plainly by
the ttnour of the statute of Edw. 6", rap. IS,
they looke well unto if, they shall find even the ! that judges ecclesiastical!, and none other, are
,same statutes, they protend, to give way ento it. j to licare and determine all suits of tithes, and
And it is strange they will nliirme so great an other duties for the same, which are given by
untruth, as to say, they are not permitted to the said act ; and that nothing else is added
traverse the suggestion in the tempor.di court; j t •» former lawes by that statute, but oncly cer-
for both the law nud daily practice doth allow taine penalties, for example, one of treble
it. value: forasmuch us the said penalty, being
on civ devfeed as a mcanes to worke the better
1G. The Customcs for Tithes arc onc.y to be . pliV,MH1t of tithes, and for that there are no
tried in the ecclesiasucall conns, and ' v.ord,used in the said statute to give, jurisdic-
ought not to be drawne thence by Trohi- :ioll l0 aiiy tiuiiponilL court, we hold it most ap-
parent, that the said penalty of treble value.
bilious.
Objection. Although some indiscreet ccclc-
Viasticull judges, either in the time of king Ed-
ward the 4th, or Edward the Gth, might,
against law, have refused in some one cause to
admit n plea of custoiue of tithes, to the preju-
dice of some person whom he favoured, and
might thereby pcradventure have given occa-
sion of some one prohibition, but whether they
being a duty gircn in the snid statute for non-
payment of tithes, cannot bee demanded in the
temporal! court, but onely before the ecclesias-
tical! judges, according to the expresse word*
of the said statute -. and the rather, wee are so
persuaded, because it is most agreeable to all
luwcs r.nd reason, that where the principal!
cause is to bee decided, there ail things ma-
did so or no, the suggestion of a lawyer for his j dent and accessary are to bee determiner!,
fre is no good proofc, yet forasmuch as by j Ik'aidcS:, it was the practice of all eeclesinstt-
tlirrc statute* made since that time, wherein it i call courts in this ri-alme, immediately after the
is ordained, viz. both that tithes should be truly : making of the kui«1 statute, and hath continued
paid, according to the custome, and the trvall so ever since, to c.ward treble damages, when
of such payments, according to custumc upon , there hath been cju^*, without any opposition,
any default or opposition, should be tryed in I untill about ten yu:ircs pa*t, when, or about
the king-* ecele>iasticall court?, and by the , which tin. -\ rjoiwiii.^andmg the premisses, the
kings ecclcsiasticall Jnwes, and not otherwise, ' temporal! judges be^aa to hold plea of treble
or before any other judges then ccclc-Ma-t icall, value, and doe now aconnpt it so proper nnd
we most humbly desire your lordships, that if j peculiar ;u their jrrisdictions, as In colour
uccordir.g to the said lawes we*bc most ready i thereof tl:< \ admit suits originally for the said
to heare :uiy plea ot customes your lordships , penalty, and doc make thereby, wrv absurdly,
would be pleaded, that the judges may not be I the penalty nf trchle value I > live principal),
permitted hereafter to grant any prohibitions : whi<:'» is indeed hut the itccc.-^ry; t:\A the
upon such false surmises; or if they shall an- ' e< ::ii/.:»ncf of tithes to lice but t'la accessary,
swer, that wee mistake the said statutes, that wlneh in all due construction is most evident to
then the said three statutes inav bee throughly ; he the principal!, thereby wholly perverting the
debated before your lordship?, lest under pre- true nuan.ing ia\d drill of that statute, where-
tence of a right, which they challenge, to ex- ; upon if in the *pirituail court the treble value
yound these kind of statute*, the truth may be be now demanded by the libel! as a duiv, cc*
Uv]
STATE TRIALS, 3 JaKes I. 1605.— Articidi CUru
[150
cording to that stature, or that sentence be
awarded directlj and sincerely upon the said
hbcll, presently, as contentious persons are
disposed, a prohibition is grunted, and some
sharp words are further used, as it' the ecclesi-
asticall judges were in some further danger for
holding of these kind of pleas: and then fore
nemost humbly desire, that if the judge** shall
must in their answers upon such their strain-
ing of the said statute, your lordships will he
ffceased to heare the same further debated by
to with them.
Answer. If they observe well the statute,
they shall find, that the ecclesiasticall court is
by that statute to hold plea of no more, then
that which is specially thereby limited lor them
to bold plea of ; and (he tempo rail court not
restrained tliereby, to hold plea of that which
is not limited unto the ecclesiasticall court by
that act, and of that they hud jurisdiction o(
before : and the forfeiture of double value is
eipretly limited to be recovered before the cc-
deViasticali judges ; but where a forfeiture is
given by an act generally not limiting where to
tie recovered, it is to be recovered iii the kiugs
temporal I courts, and the cause why it is so di-
tided, seemeth to be for that, where by that
act, temporall men were to hue for their tithes
in the ecclesiasticall court, where it was then
presumed they were to have no great favour :
therefore the party grieved might, if he would,
pursue for the forfeiture of the treble value in
the temporall court, where hee was to recover
oo Utiles ; but if he would sue where he might
also recover the tithes, then hee would pursue
tor the double value : for th;it is specially ap-
poiuted to be recovered in the ecclesiasticall
court, but not the treble value. And although
the? alledge, that they sometimes used to main-
taine suit tor the treble value, yet as soon ns
tout was complained ot' to the kings courts,
they ga»e remedy unto it as appertained.
13. No Prohibition to be awarcled, where
die pcrsoii is stopped from carrying away
of his tithes by him that setteth thein
forth.
Objtction. As the said statute of Eduard
the 6th last mentioned assigneth a penalty of
treble valae, if a m»n upon pretence of cus-
tom*, which cannot be justified, shall take
tway Jus ccrne before he hath set out his tithes ;
to also in the said statute it is provided, that if
any man having set out his tithes, shall not af-
terwards surfer the parson to carry them away,
Ace. he shall pay the double value thereof so
carried uwav, the same to be recovered in the
ecclesiasticall court. How be it the clearnesse
of the statute in this point, notwithstanding
in; a ne* are found to draw this cause also from
in*; or intent that the parson shall ever carry
them away ; for presently thereupon they will
cause their owne servants to load them away to
their owne barues, and ieaye the parson as he
can to seek his remedy ; which if Le do attempt
in the ecclesiasticall court, out comet h a Pro^
hibition, suggesting, that upon severance and
setting forth of the tenth part from the nine,
the sume tenths were presently by law in the
parsons possession, and being thereupon be-
come a lay chattell, must be recovered by an
action of tiespastc at the common law, whereas
the whole pretence is grounded upon a ineere
perverting or' the statute, which doth both or-
dain, that all tithes shall be set foith truly anut
justly without fraud and guile ; and that also
the pardon shall not be stopped or hindered
from
carrying
or ■
them awav. neither of which
conditions me observed when the farmer doth
set them to. t h, meaning to curry them away
himselfe, for that is the fraudulent setiing of
them out ; and ulso, when accoidingly hee
taketh them away to his own use ; for thefeby
hee stoppeth the parson to carry them away :
and consequently the penalty of this offence is
to bee rccovcied in the said ecclesiasticall
courts, according to the words of >he said sta-
tute, and not in any court temporall : wherefore
we most humbly desire your lordships, that ti-
the? the judges may make it apparant to your
lordships, that we mislikx; this statute in this
point, or that our ecclesiasticall courts may
ever hereafter be freed from such kinds of pro-
hibitions.
Answer. For the matter of this article it is
answered before, and where the truth of the
case is, that he that ought to pay predinll tithes,
doth not divide out his tithes, or doth in any
wise interrupt the parson* or his deputy, to see
the dividing or setting oftliem out: that ap-
pearing unto unjudicially, we maintain no pro*
hihitiou upon any suit there tor the double
value, but if after the tithes severed, the parson
will sell the tithes to the party that divided
them, upon the surmise thereof, we doe, and
ought to grunt a prohibition ; but if that sur-
mise doe prove untiuc, we do us re.idily grant
a consultation, and the party seeking the same,
is, according to the statute, to have his double
costs and damages.
19. No prohibition to be granted upon any
incident plea in an ecclesiasticall cause.
Objection, Wc conceive it to be great injury
to his majesties ecclesiasticall jurisdiction, thac
prohibitions are awarded to hi** ecclesiasticall
courts upon every by, and evtry incident plea
or matter alledged there in barre, or by way
of exception, the principall cause being un-
doubtedly of ecclesiasticall cognizance : tor
tie ecclesiasticall court ; for such as of hatred i example, in suit for tithes in kind, if the limits
of the parish, agreements, compositions, and
arbitrariments, as also whether the minister
that sueth as parson, be indeed parson or vicar,
doe come in debate by way of barre, although
the same particulars were of temporal! cogni-
zance (as some of them woe may boldJj
towards their ministers arc disposed to vexe
them with suits ut the common law (where
they titide more favour to main taine their
wrangling, then they can hope for in the eccle-
uafeticall court) will not raile to set out their
tribe* before witnesses, but not with any mean-
131]
STATt TRIALS, 3 James I. \Wk-»*ArtkuH Clcri.
[152
not) yet they were in this case examinable iu
the ecclesiasticall court, because they are mat-
ters incident, which come nut in that cane
imally to be sentenced and determined, but
a,e used as a meane and furtherance for the
decision of the maine matter in question. And
so the case standeth in other such incideut
pica* by way oi barre; for otherwise either
party in every cause might at his pleasure, by
pleading some matter temporal I by way of ex-
ception, make any cause et/cicsiasticall whatso-
ever subject to a prohibition, which is contrary
to the reason of the common law, and sundry
judgments thereupon given, as wee hope the
judges themselves will acknowledge, and there-
upon yeeld to have such prohibitions hereafter
restrained.
Answer. Matters incident that fall out to
be meere temporal I, are to be dealt withall in
the temporal 1, and not in the' ecclesiastical
court, as is before particularly set downe in the
eleventh article.
20. That no tempo rail judges, under colour
of authority to interpret statutes, ought,
in favour of their Prohibitions, to make
causes ecclesiasticall to be of temporall
cognizance.
Objection, Although of late dayes if hath
been strongly held by some, that the interpre-
tation of all statutes whatsoever doe belong to
the judges temporally yet we suppose, by cer-
tuin evil effects, that this opiuiou is to bee
bounded within certaine limits ; for the strong
conceit of it hath already brought forth this
fruit, that even those very statutes which doe
concern e matters meerly ecclesiasticall, and
were made of purpose with great caution, to
preserve, enlarge, and strengthen the juris-
diction ecclesiasticall, have bee*n by colour
thereof turned to the restraining, weakening,
and utter overthrow of the same, contrary to
the true intent and meaning of the said sta-
tutes : as for example (besides the st ranee in-
terpretation of the statutes before mentioned,
for the payment of tithes) when parties have
been sued in the ecclesiastical court*, in case
of an incestuous* marriage, a prohibition hath
Urn awarded, suggesting, under pretence of a
Btitute iii the lime of king Hen. 8. that it ap-
pertained) to the temporall courts, and not to
the ecclesiasticall, to determine what marriages
are lawfull, and what are incestuous by the
•word of God. As also a minister, being upon
paiit of deprivation for his insufficiency in the
tvcleiiuxtical court, a prohibition was granted,
M|Min suggestion that all plens of the fitnesse,
leurning, and sufficiency «f ministers belong
only to the kings temporall courts, relying, as
wee »tippo»e, upon the statute of 13 Eliz. by
which kind of interpretation of statmes, if the
nimunv't disposing, or ordering of causes eccle-
siasticall in n statute shall make the same to be
ill* temporal cognizance, and so ubolish the
iurv*diction of tlie ecclesiasticall court, without
awv ftirther circumstances, or expresse words
fc» warrant the tame, it followeth, that foras-
much as the common Book and Articles of re-
ligion are established and confirmed by severall
acts of parliament, the temporall judges may
challenge to themselves an authority to end and
determine of all causes of faith and religion,
and to send out their prohibitions, if any eccle-
siasticall judge sliall dcale or proceed in any
of them : which conceit, how absurd it is,
needeth no proofe, and teacheth us, that when,
matters meerly ecclesiasticall are comprized in
any statute, it doth not therefore follow, that
the interpretation of the said matters doth
belong to the temporall judges, who by their
profession, and as they are judges, are not ac-
quainted with that kind of learning: hereunto,
when we shall receive the answer of the judges,
we shall be ready to justifie every part of this
article.
Answer. If any such have slipt, as is set downe
in this article, without other circumstances to
muintaiue it, we make no doubt, but when that
appeared to the king's temporall court, it hath
been presently remitted ; and yet there be
cases, that we may deale both with marriages
and matters of deprivation, us where they will
call the marriage in question after the death of
any of the parties, the marriage may not then
be called in question, because it is to bastard
and disinherit the issues, who cannot so well
defend the marriage, as the parties both living
themselves might have done ; and so is it, if
they will deprive a minister not for matter ap-
pertaining to the ecclesiasticall cognizance, but
for that which doth meerly belong to the cog-
nizance of the king's temporal courts. And
for the judges expounding of statutes that con-
cern the ecclesiasticall government or pro-
ceedings, it helongeth unto the temporall
judges ; and wee thinkc they have been ex-
pounded as much to their advantage, as either
the letter or intention of lawes would or could
allow of. And when they have been ex-
pounded to their liking, then they could approve
of it ; but if the exposition be not for their
purpose, then will they say, as now they doe,
that it nppertaiucth not unto us to determine
of them.
21. That persons imprisoned upon the writ
of de. excommunicato capiendo are unduly
delivered, and Prohibitions unduly awarded
for their greater security.
Objection. Forasmuch as imprisonment upon
the writ of excommunicato capiendo is the chief-
est temporall strength of ecclesiasticall jurisdic-
tion, and that bv the lawes of the realm none so
committed for their contempt in matters of
ecclesiasticall cognizance, ought to be delivered
untill the ecclesiasticall courts were satisfied, or
caution given in that behalfe, we would gladly
be resolved by what authority the temporall
judges do cause the sherifes to bring the said
parties into their courts, and by their owne
discretions set them at liberty, without notice
thereof first given to the ecclesiasticall judges,
or any satisfaction made either to the parties
at whose suit he was imprisoned, or the eccle-
K53]
STATE TRIALS, 3 James I. 1G05.— Articuli Ckri.
[154?
stasticall court, where certaine lawfull fees are
due c and after all this, why doe they likewise
send out their prohibitions to the said court,
commanding, that all censures against the
said parties shall he remitted, and that they be
no more proceeded with for the same causes in
those courts. Of this our desire, we hope your
lordships do see sufficient cause, and will there-
fore procure us from the judges some reason-
able answer.
Answer. We affirme, if the party excommuni-
cate be imprisoned, wee ought upon complaint
to send the kings writ for the body and the cause,
and if in the returne no cause, or no sufficient
cause appeare, then we doe (as we ought) set
him at liberty ; otherwise, if upon removing the
body, the matter appeare to be of ecclesiastical I
cognizance, then we remit him againe; and this
we ought to doe in both cases ; for the tem-
porall courts must alwaies have an eye, that
the ecclesiasticall jurisdiction usurp not upon
the temporall.
22. Tbe King's authority in ecclesiasticall
causes is greatly impugned by Prohibitions.
Objection. We are not a little perplexed
touching the authority of his majestie in causes
ecclesiasticall, in that we find the same to be
so impeached by Prohibitions, that it is in ef-
fect thereby almost extinguished ; for it seem-
eth, that the innovating humour is growne so
rank, and that some of the temporall judges
are come to be of opinion, that the commis-
sioners appointed by his majesty for his causes
ecclesiasticall, having committed unto them the
execution of all ecclesiasticall jurisdiction an-
nexed to his majesties impenall crowne, hy
virtue of an act of parliament made in that
behalfe, and according to the. ten our and effect
of bis majesties letters patents, wherein they
are authorised to imprison, and impose fines,
as they shall see cause, cannot otherwise pro-
ceed, the said act and letters patents notwith-
standing, then by ecclesiastical! censures oncly:
and thereupon of latter dayes, whereas certaine
lewd persons (two for example sake) one for
uxorious adultery and other intolerable con-
tempts, and another for abusing of a bishop of
this kingdome with threatning speeches, and
sundry railing termes, no way to be endured,
were thereupon fined and imprisoned by the
stid commissioners, till they should enter into
bonds to performe further orders of the said
court; the one was delivered by an habeas cor-
nt oat of the kings bench, ana the other by a
nke writ out of the common pleas : and sundry
other prohibitions have been likewise awarded
to his majesties said commissioners upon these
suggestions, viz. that they had no authority
either to fine or imprison any man ; which in-
novating conceit being added to this that fol-
loweth, That the writ of dt excommunicato ca-
piendo cannot lawfully be awarded upon any
certificate or signijicavit made by the said
commissioners, wee find his majesties said su-
preme authority in causes ecclesiasticall, so
largely amplified in sundry statutes, to be alto-
gether destitute in effect of any meanes to up-
hold it, if tiie said proceedings by temporall
judges shall be by them maintained and justi-
fied ; and therefore wee most humbly desire
your lordships, that they may declare them-
selves herein, and be restrained hereafter, if
there be cause found, from using the kings
name in their prohibitions, to so great prejudice
of his majesties said authority, as in debating
the same before your lordships will hereafter
more fully appeare.
Answer. We doe not, neither will we in
any wise impugne the ecclesiasticall authority
in any thing that appertained! unto it ; but if
any by the ecclesiasticall authority commit any
man to prison, upon complaint unto us that he
is imprisoned without just cause, we are to
send to have the body, and to be certified of
the cause ; and if they will not certifie unto us '
the particular cause, but generally, without
expressing any particular cause, whereby it
may appeare unto us to be a matter of the ec-
clesiastical cognizance, and his imprisonment
be just, then we doe and ought to deliver
him : and this is their fault, and not ours*
And although some of us have dealt with them
to make some such particular certificate to us,
whereby wee may bee able to judge upon it,
as by law they ought to doe, yet they will by
no ineanes doe it ; and therefore their errour is s
the cause of this, and no fault in us : for if we
see not a just cause of the parties imprison-
ment by them, then we ought, and are bound
by oath to deliver him.
23. No Prohibition to be granted, under pre-
tence to reforme die manner of proceed-
ings by the ecclesiasticall lawe«, in causes
confessed to be of ecclesiasticall cogni-
zance.
Objection. Notwithstanding that the eccle-
siasticall jurisdiction hath been much iinpench-
ed heretofore through the multitude of prohibi-
tions, yet the suggestions in them had some
colour of justice, as pretending, that the judges
ecclesiasticall dealt with temporall causes : but
now, as it seemeth, they are subject to the
same controlments, whether die cause they
deale in be either ecclesiasticall or temporall,
in that prohibitions of late are wrestled out of
their owne proper course, in the nature of a
writ of errour, or of an appeale : for, whereas
the true and onely use of a prohibition is to re-
straine the judges ecclesiasticall from dealing
in a matter of temporall cogiyizance, now pro-
hibitions are awarded upon these surmises, viz.
that the libel I, the articles, the sentence, and the
ecclesiasticall court, according to the ecclesiasti-
call lawes, are grievous and insufficient, though
die matter there dealt withall be meerly ecclesi-
astical : and by colour of such prohibitions, the
temporall judges to alter and change the de-
crees and sentences of the judges ecclesiasticall,
and to moderate the expences taxed in the ec-
clesiasticall courts, and to award consultations
upon conditions : as for example, that the
plainufe in the ecclesiasticall court shall except
I 5 J)
STATE TRIALS, 3 James I. lOoS.— Artiatli Oct!.
warded, and thus
[150
uf the one balfe of the ci
the register shall lose li
tuiri piuintife shall be contented with the pay-
ment uf hi* legacy, which was the principal!
sued fur, mid adjudged due until him at snch
day, ns they the said temporal! judges shall
appoint, or else the prohibition must stand.
And ulso where his majesties commissioners,
lor causes ecclesiastical, have not been accus-
tomed to give a copy of the articles to any
party, before lie hath nnsv ercd them ; and
that theitatutuofIIe.il. 5. touching the deliver-
er the libell, was not onely publikelj nd-
kings bench, not to extend
deliveru i ice of articles, where the putty is pro-
ceeded with e.r officio, but likewise imparted to
his majestic, and afterwards divulged in the
stnrre-chamber, us a full resolution of the
judges, yet withiu I Or 5 inoneths after, a pro-
hibition was awarded tu the said commissioners
out of the kings bench, upon suggestion that the
party ought to have a copy of thu articles, being
called in question ejf officio, before he should an-
swer them ; and notwithstanding that u motion
was made in full court .shortly after for a consul ta-
twin, yet an order was en [red, that the prohibi-
tion should stand untill the said partie bad a
copy of the said nitidis given him ; which .
veil and extraordinary courses doe seem very
strange unto us, and are contrary not onely to
the whole course uf hi* majesties law es ecclesi-
aslicall, but also to the very maximes and
judgement of the common law, and sundry
statutes uf this realme, as wee shall be ready
jusiilie liel'nre your lordships, if the judjj
shall endeavour to muhitaine these thtir pr:.-
ceedings.
Ansicf. To this we say, that llimi|>]i wIiltc
parties are proceeded wit hull ex officio, there
needeth no libell, yet ought they lu hnve the
cause made know tie unto them lor which llicy
ure called ex offieiii, before tliey be examined,
10 the end it may appearo unto them before
their examination, whether the cause be nf ec-
clesiastical I cognizance, otherwise they ought
not to examine tlitrn upuii uat'l. And touch-
iu« the rest of this article, thev doe ut.terlv
mistake it.
-e swnrno to dc-
» diction.
Objection. We may not omit to signiiie
votir lordships that, as wee lake it, the
pnrall judges are not onely hound by the
eiciit oath, ilmt ihey shiill doc nothing t
dis-herison of the crown, but also by n latter
nulh unto the king's supremacy, wherein thev
doe swL'jre, tbnt, to their power, they will
assist and deft-nd all jurisdictions, piivilcdgus,
prehe mi nonets, and authorities united and an-
nexed to tin imperial! cronne of this re n line ;
in which words the ecclesiastical! jurisdiction
is specially aimed at : so that whereat they doe
ofitntiims insist upon f.irlhcir oath, for doing
of jtlstice in temporal I rautes, and do seldomc
make mention of the second oath taken by
thtm fur the defence of the ecclesiastical I juris-
diction, with the rights and immunities belong*
ing to the church ; we think, that thry ought
to weigh their said oaths better together, uiid
not so liirrc to emend the one, as that it should
in any sort prejudice the other : the duo con-
sideration whereof (which we most instantly
desire) would put them in nuod, any suggestion
to the contrary notwithstanding, to be as enro-
full not to doe any thuig that may prejudice
the lawful! proceedings of the ccdisiusiicall
judges in ecclesiastical! causes, as I hey an; cir-
cumspect not to suffer any impeachment, or
blemish of their owne jurisdictions and pro-
ceedings in causes temporal!.
Amnier. We are assured, than none can
justly charge any of us with violating our oaths,
and it is a strange part to use judges in this
manner, and to lay so great an imputation upon
us; and what scandnil it will be to the justice,
of the rtuluie to have so great levity, and so
foulo an imputation luid upon the judges, as is
dune in this, is too manifest. And we arc as-
sured it cannot be shewed, that the like hath
been done in any former age; and lor lesse
scandals then this of the justice of the rculnie,
divers hare been severely punished.
25. That E j. communication is as lawful), as
Prohibition, for the mutual! preservation
of both his majesties supreme jurisdiction.
Objection. To conclude, whereas for the
better preserving of his majesties two supreme
jurisdictions before mentioned, vii. the eccle-
siastical! mid the temporall, that the one might
not usurp upon the other, two meanes hereto-
fore hnve of ancient time bten ordained, tiiat
i, to say, the censure of Eicon nnunieat ion, uiid
the writ of Prohibition ; the one to restraine the
mi 'i-oachinciit til the leiuporull jurisdiction upon
the ecclesiastical!, the other of the ecclesiastic
cull upon the temporall, we most humbly de-
sire your lordsleps, that by your lueaaes the
judges may be induced to resolve us, why ex-
communications may nor. us tieely be put it)
ure lor the prescivuiioii of the jurisdiction cc-
clesiasticall, as probibirif.ns arc, under pretence
to defend the umporull, especially against such
coutoiuiy us perrons, as due wittingly and wil-
lingly, upon false und frivolous suggestions, to
the deljy of justice, vcvation of the subjects,
and great scnndall of eccksinsticall jurisdic-
tions, daily procure, without leare either of
(iod or mil), such undue prohibitions, us we
have heretofore mentioned.
.lunar. The excommunication cannot be
gain-said, neither may tlic prohibition be di-
med upon tin: surmise mad,-, that the matter
pursued in The erelesiasticall court is of tem-
porall cognizance, but as soon us that shall ap-
jndicially to be false, we grant
isiilt.il
For the better
and your lordship
hich hath been said) the ordinary pn£
salfLictum of Ins majesty,
s, touching the objections.
rrobibitioiis, we lime 'thought
e (as May bo perceived "by
:ecding in bis majesties cuurts therein i wiser*.
137]
STATE TRIALS, 3 James I. 16Q5.—ArticuU Clcri.
[15&
by it may appcarc both what the judges doe,
oiid ought to doe in those causes; and the
ecclesiastical judges may doe well to consider,
what issue the course they herein hold can have
in the end *. and they shall find it can be no
other, but to cast a scandall upon the justice of
the realme ; for the judges doing hut what they
ought, and by their oaths are bound to doe, it
nnot to be railed in question; and if it kill
oat, tint they eric in judgement, it cannot
otherwise be reformed, but judicially in n
* Mr. Justice Foster, before he was made a
•abe, published a Tract entitled " An Exami-
nation of the Schism of Church power, laid
down in the ' Codex Juris Ecclesiastic! Angli-
oni, &e." It is ably written, and contains
much learning relative to the ecclesiastical law
and history of England, but it is composed with
t'jo much spleen towards bishop Gibson, the
author of the Codex. This Case is much con-
sidered in it, and the following passage is
thought worth insertion here : " It may easily
be made appear, if it. shall be thought necessary,
rhat Prohibitions have gone from the temporal
to the spiritual courts, as from a superior to an
inferior jurisdiction, ever since the two juris-
• dictions have been separated ; and, indeed, the
notion of a subordination of jurisdictions im-
plies that it is the province of the one to re-
strain and correct the excesses of the other.
Thi* supremacy of the Courts of Westminster-
hall over the Ecclesiastical, hath in all ages
pren £reat disturbance to that part of the
C'ltrgy who hare affected an absolute independ-
ence on the state. The arguments, indeed,
which have been employed against ir, have been
•iiflerent, as the temper of the times and the
circumstances of the Church have varied. But
the point in view hath been generally the same,
thr lmlependance of the Church. In popish
time*, when the Church could scold and thunder
*.th impunity, this independency was claimed
in direct terms ; and the king and all his civil
*inwters. were admonished not to disturb
'bfcChureli in the exercise of spiritual discipline
b prohibitions and attachments grounded on
'i?Hj, under pain of excommunication, suspen-
se, and interdict. Hut since the supremacy
*»f th*j crown in ecclesiastical causes hath been
«tpemc«l a fundamental principle of our con-
ftitutiuii, that very supremacy hath been thought
a 'lUV'it lit argument for overthrowing the im-
i»-nt jurisdiction of the temporal, over the
tpintu;-! court*. Archbishop Bancroft made
thi-> r*i- of the re^al supremacy, in the Articles
h'.*»-\i.i!uted to the lords of the Privy Council
a?ain-t :le Jadses of Westminster Hall upon
f!;f» In- d fd" Prohibition^. His lord*hip (Gibson
Li-i;op of Tendon) hath adopted the argument,
aijil pitted it with all the advantage it i« ca-
yXblf of: "The authority o( spiritual courts and
* temporal courts of law flowing equally from
Mii* crown, mid it btingof so great importance
' to thecood «f the community tin! each be
4 kept within its proper bounds, it «-cctns by no
1 puraoi ajrccabje to that equality of original
suporiour court, or by parliament. — Subscribed
by all the judges of England, and the barons of
the exchequer, Pascb. 4 Jacobi, and delivered
to the lord chancellour of England.
Which answers and resolutions, although they
were not enacted by authority of parliament, as
our statute of Artieuli Clcri in 9 E. 2. was;
yet, being resolved unanimously by all the
judges of England, and barons of thfrtxehequer,
are for matters in law of highest authority
next unto the court of parliament *.
■ ■ ■ ■ r ■■
' and descent, nor a way in any degree likely to
' attain that important end, that the one should
* he set as a judge over the other, and prescribe
( bounds to it arid take to itself the cognizance
' of whatever matters itself shall please. I shall
' not say how well the bound $ in the present case
' are preserved upon that foot, but certainly it
* would not be thought a good expedient* for;
* preserving bounds of any other kind to im-
* power one to judge for both (i. e. to impower
1 him to encroach upon his neighbour and en-
' large his own bounds at pleasure) as oft a*
* any controversy shall arise/ — The force of
this reasoning from the equality of original,
I think lies here : the temporal and spiritual
courts How equally (or rather alike) from the
crown, or are equal in point of original and
descent ; therefore they are or ought to be
equal iu point of jurisdiction ; the one ought not
to have a restrictive power over the other. If
this be not his lordship's inference how can it
be said that the setting one of the courts as
judge over the other seems not agreeable to their
equality of original and descent? But if hik
lord-hip intended to infer an equality in point
of jurisdiction from what he is pleased to caU
an equality of original and descent, he will be
pleased to apply the same reasoning to every
other court in the kingdom from the high court
of Parliament to the court of Pipowdcr, and if
it should appear that they all flow equally or alike,
from the same original law and immemorial
custom, I fear his argument will conclude
ttgainst any manner of subordination amoii£
them in point of jurisdiction, which would be,
carrying the matter much farther than he in-
tended; though, I confess, I do not know where
to stop, if the argument grounded on the equa-
lity of original, with regard to die spirituals and
tern ponds, concludes at all in favour of ijie
former. But his lordship has favoured us witl^
another train of reasoning against Prohibitions,
grounded on the seeming absurdity and incon-
venience of setting one court adjudge o\er the
Other, in questions touching! the bounds of their
.-evcral jurisdictions : and if the case was, as his
lordship represents it, the absurdity and incon-
venience would be ereat indeed, ii the tempo-
ral c.-jnit might lawfully take to itself the cog-
li'/nnri'* of whatever matters it«elf-shnfl please ;
or v;'s empowered to encroach upon the spiri-
tual, *md to. enlarge its own bounds at pleasure:
if I'M*, T say, was implied in the risht claimed
hy th*» temporal courts, of giving remedy
again*; the encroachment of ^lie ecclesiastical,
159] STATE TRIALS, 4 James I. 1606.— The Trials of the Conspirators [160
(which is all that is intended by the writ of
Prohibition) the absurdity would' be as great ns
his lordship endeavours to represent it. Bat
his lordship will forgive me, if I say the absur-
dity lies only in his state of the case. Our ex-
cellent constitution is not chargeable with it.
The bounds of ecclesiastical jurisdiction are al-
ready settled hy law and immemorial custom,
to which Mi judges are obliged by oath and by
the duty of their place to conform themselves.
The granting Prohibitions is not a power to be
exercised or not at the pleasure of the court.
It is not the court's taking to itself the cogni-
zance of whatever matters itself shall please, or
enlarging its own jurisdiction, at pleasure; no,
it is a matter of mere right, in which the judges
are to be guided by the known laws of the land,
and not by will and pleasure/* — See also a A
short View of the Conduct o/ the English Clergy
so far as relates to civil affairs from the Con-
quest to the Revolution," published 1737, and
said to be written by sir Edmund Thomas, bait.
Collier argues resolutely against the authority
of these determinations ot the Judges. He
maintains that the questions arising out of a
contest for jurisdiction between the temporal
and ecclesiastical judges ought not to be deter-
mined by either of those parties. Against lord
Coke, he cites lord Co. 8 Rep. 117 et seq. : and
other common law authorities. See Coll. Eccl.
Hist. vol. 1, 510, et seq. : vol. 2, 688. Repeated
instances of a collision between the Judges,
and Bishops occur in lord Coke's 18th Re-
port.
80. The Trials of Robert Winter, Thomas Winter, Guy
Fawkes, John Grant, Ambrose Rookwood, Rob. Keyes,
Thomas Bates, and Sir Everard Digby, at Westminster, for
High Treason, being Conspirators in the Gunpowder-Plot : *
3Jac. I. 27th Jan. a. d. 1606.
TlIE Commissioners were, the Earls of Not-
tingham, Suffolk, Worcester, Devonshire, Nor-
thampton, and Salisbury ; the Lord Chief Jus-
tice of Englund, sir John Popham, the Lord
Chief Baron of the Exchequer, Thomas Flem-
ing ; and sir Peter Warburton, knight, one of
the Justices of the Common-Pleas.
The Effect of the Indictment.
' That whereas our sovereign lord the king
' had, by the advice and assent of lus council,
* for divers weighty and urgent occasions con-
' ccrning his majesty, the state, and defence of
* the church and kingdom of England, appointed
' a Parliament to be holden at his city of West-
* minster ; That Henry Garnet, Superior of the
< Jesuits within the realm of England, (called
' also by the several names of Wally, Darcy,
' Roberts, Farmer, and Henry Philips) Oswald
' Tesinond, Jesuit, otherwise called Oswald
*' Green well, John Gcrrnnd, Jesuit, (culled also
* hy the several names of Lee and Brooke) Ro-
* bert Winter, Thomas Winter, gentlemen, Guy
' Fawkes cent, otherwise called Guy Johnson,
4 Robert Keyes gent, and Thomas Bates yeo-
' man, late servant to Robert Gates by esquire ;
' together with the said Robert Cateshy, and
« Thomas Percy esquires, John Wright and
-' Christopher Wright gentlemen, in open Re-
' bellion and Insurrection against his majesty,
* lately slain, and Francis Tresham esq. lately
' dead ; as false Traitors agsinst our said sove-
' reign lord the king, did traitorously meet and
' assemble themselves together ; and being so
' met, the said Henry Garnet, Oswald Tes-
t mond, John Gerrard, and other Jesuits, did
* For the Proceedings in Parliament re-
specting this PJot, see 1 Cobb, Pari. Hist.
>042, et tec},
' maliciously, falsely, and traitorously move
' and persuude as well the said Thomas Winter,
' Guy Fawkes, Robert Keyes, and Thomas
' Bates, as the said Robert Catesby, Thomas
* Percy, John Wright, Christopher Wright, and
' Francis Tresham, That our said sovereign lord
' the king, the nobility, clergy, and whole com-
' monalty of the realm of England, (papists ex-
' cepted) were heretics ; and that all heretics
' were accursed and excommunicate ; and that
* none heretic could be a kiug ; but that it was
* lawful and meritorious to kill our said sovereign
' lord the king, and all other heretics within
* this realm of England, for the advancing and
* enlargement of the pretended and usurped
' authority and jurisdiction of the bishop of
' Rome, and for the restoring of the supersti-
' tious Romish religion wi(hiu tins realm of
' England. To which traitorous persuasions,
' the said Thomas Winter, Guy Fawkes, Ro-
' bert Keyes, Thomas Cates, Robert Catet-
* by, Thomas Percy, John Wright, Christo-
' pher Wright, and Francis Tresham, trafca-
' rously did yield their assents ; And that there*
* upon the said Henry Garnet, Oswald Tet-
' mond, John Gerrard, and divers other Je»
' suits ; Thomas Winter, Guy Fawkes, Robert
' Keyes, and Thomas Bates, as also the said
' Robert Catesby, Thomas Percy, John Wright,
* Christ. Wright, and Francis Tresham, traito-
' rously amongst themselves did conclude and
' agree, with Gunpowder, as ic were with one
1 blast, .suddenly, traitorously and barbarously
* lo blow up and tear in pieces our said sove-
1 reign lord the king, the excellent, virtuous,
' and gracious queen Anne, his dearest wife, the
' most noble prince Henry, their eldest sob,
' and future hope and joy of England ; and
' the lords spiritual and temporal, the reverend
' judges of the realm, the knights, citizens unci '
101]
STATE TRIALS, 3 James I.
4 burgesses of parliament, anil divers other fnith-
* ful subjects and servants ut' the king in the
' said parliament, for the causes aforesaid to be
* assembled in the house of parliament ; and
* all them, without any respect of majesty, dig-
* nity, degree, sex, age or place, most barba-
4 rou*ly and more than beastly, traitorously,
' and suddenly to destroy and swallow up.
1 And furl her did most traitorously conspire
'and conclude among themselves, That not
1 only the whole royal issue-male of our said
'sovereign lord the king should be destroy-
*ed and rooted out ; but that the persons u-
4 foresaid, together with divers other false trai-
1 tors, trnituroi'&ly with them to be assembled,
4 should surprize the persons of the noble ladies
4 Elizabeth and Mary, daughters of our said
* sovereign lord the king, and falsly and traito-
4 run sly slxmld proclaim the said lady Eliza-
4 beth to be queen of this realm : Aim therc-
* upon should publish a certain traitorous Pro-
clamation in the name of the said lady Eli-
4 zabeth ; wherein, as it was especially agreed
4 by and between the said conspirators, That
4 no mention should be made at the first,
4 of the alteration of religion established with-
4 in this realm of England ; neither would
'the said false traitors therein acknowledge
4 themselves to be authors, or actors, or de-
4 user* of the afore*aid most wicked and horri-
* ble treasons, until they had got sufficient
4 power and strength fur the assured execution
4 aod accomplishment of their said conspiracy
4 and treason : and that then they would avow
4 and justify the said most wicked and horrible
4 treasons, as actions that were in the number
•of those, qua mm laudantur, ni*i pcracta,
* which be not to be commended before they
4 bt done : but by the said feigned and traitor-
4ous proclamation they would publish, That
4 all and singular abuses and grievances within
4 this realm of England, should, for satisfying
4 of the people, be reformed. And that as well
'fertile better concealing, as for the more cf-
* factual accomplishing of the said horrible
'tnasons, as well tlie said Thomas Whiter,
'Gnj Fawkes, Robert Keyes, and Thomas
'Bales, as the said Robert Cat e- by, Thomas
'Percy, John Wright, Christ. Wright, and
4 Francis Treshaiu, by the traitorous advice and
'procurement of the said Henry Garnet, Os-
1 wald Tesmond, John Gcrrard, and other Je-
4 tuiis, traitorously did further conclude and
1 »?*eet that as well the said Thomas Winter,
4 Guy Fawke<i, Robert Keyes, and 'I nomas
'Bat/-, as the said Robert Catesby, Thomas
'Perry, John Wright, Christ. Wright, and
1 Francis Trcslinm, thereupon severally and
1 traitorously should receive several corporal
'Oaths upon the holy Evangelists, and the Sa-
' crament of the Eucharist, That they the
'treasons aforesaid would traitorously conceal
1 tad keep secret, and would not reveal them,
'directly or indirectly, by words or circum-
'jtances, nor ever would desist from the cxe-
' cation and final accomplishment of the said
1 treasons, without the cooseut of some three
VOL. II.
1000..— in the Gunpowder- Plot. [102
4 of the aforesaid false traitors first in that be-
half traitorously had: And that thereupon as
well the said Thomas Winter, Guy Fawkes,
Robert Keyes, and Thomas Bates, as the said
Robert Catesby, Thomas Percy, John Wrrighr,
Christ. Wright, and Francis Tresham, did
traitorously ta^e the said several corporal
Oaths severally, and did receive the Sacra-
ment of the Eucharist aforesaid, by the hands
of the said Henry Garnet,, John Gcrrard, Os-
wald Tesmond, and other Jesuits. And fur-
ther, that the said Thomas Winter, Guy
Fawkes, Robert Keyes, and Thomas BaUs,
together with the said Robert Catesby, Tho-
mas Percv, John Wright, Christ. Wright, and
Francis Ticshaih, by the like traitorous ad-
vice and counsel of the said Henry Garnet,
John Gerrard, Oswald Tesmond, and other
Jesuits, for the more effectual compassion and
iinal execution of the said treasons, did trai-
torously among themselves conclude and
agree to dig a certain mine under the said
House of Parliament, and there secretly,
under the said hou*c, to bestow and place a
great quantity of gunpowder ; and that ac-
cording to the said traitorous conclusion, the
said Thomas Winter, Guy Fawkes, Robert
Keyes, and Thomas Bates, together with the
said Robert Cntesby, Thomas Percy, John
Wright, and Christ. Wright, afterwards se-
cretly, not without great labour and difficulty,
did dig and make the said mine unto the
mid>t of the foundation of the wall of the said
House of Pat liaiiu m, the said foundation be-
ing of the thickness of three yards, with u
traitorous intent to bestow and place a great
quantity of gunpowder in the mine aforesaid,
so as afbrouid traitorously to be made for
the traitorous accomplishing of their traitor-
ous purposes aforesaid. And that the said
Thomas Winter, Guv Fawkes, Robert Keyes,
and Thomas Bates, together with the said Ro-
bert Catesby, Thomas Percy, John Wright,
and Christ. Wright, finding and perceiving
the said work to be of treat difficulty, by rea-
son of the hardness and thickness of the said
wail ; and understanding a certaiu cellar un-
der the said House of Parliament, and ad-
joining to a certain house of the said Thomas
Percy, then to be Icttcn to farm for a yearly
rent, the said Thomas Percv, bv the traitor-
ous procurement* as well of the said Henry
Garnet, Oswald Tesmond, John Gerrard, and
other Jesuits, Thomas Winter, Guy Fawkes,
Robert Keyes, and Thomas Bates, as of the
said Robert Catesby, John Wright, und Christ.
Wiight, traitorously did hire the cellar afore-
said for a certain yearly rent and term : and
then those traitors did remove twenty barrels
full of gunpowder nut of the said house of (ho
said Thunr.it Percv. and secretly nnd traitor-
ously did bestow and place them in the cellar
aforesaid, under the said House of Parlia-
ment, for the traitorous effecting of the trea-
son, and traitorous purposes aforesaid. And
that afterwards the said Henry Garnet, Os-
wald Tesmond, John Gerrard, und oiher Jo
M
Ift3] STATE TRIALS, 3 James I. \6oG.-Vie 'Dials qf the Conspirators [16*
4 suits, Thomas Winter, Guy Fawkes, Robert , • suits, Robert Winter, Thomas Winter, Kobert
' Keye% imd Thomas, Bate>, together \tith the j * Keyes, '1 homas Bates, John Grant, and Am-
' ' brose Rookwood, as of the said Root rt Cates-
* by, Thomas Percy, John Wright, Christopher
* \V right, and Francis Tresham, traitorously
4 bad prepared, and had upon bis person touch-
* wood and mutch, therewith traitorously to
* give tire to the several barrelsjiogsheads, and
1 quantities or' gunpowder aforesaid, at ihe time
* appointed for the execution of the said horri-
* ble treasons. And further, ihat afier the said
•horrible treasous, w. vc, by the great favour
* and mercy of Go?, in a wonderful maimer
' disco\er'd, not many hours before it should
1 have been executed, as well the s..ii! Henry
* Garnet, Oswald Tcsmond, John Gerrard,
* Robert Winter, Thomas Winder, Robert
* Keyes, Thomas Bates, John Giant, and Am-
•said Robert Catesby, Thomas Percy, John
* Wright, and Christ. Wright, traitorously did
* meet with Robert Winter, John Grant, and
* Ambrose Rook wood, and Francis Tie?»hani,
* esquires ; and traitorously did impart to the
* said Robert Winter, John Giant, Ambrose
* Roukftood, and Francis Tresham, the trea-
' sons, traitorous intentions und purposes afore-
* said ; and did require the said Robert Win-
' ter, John Grant, Ambrose Rookwood, and
4 J*'rancis Tresham, to join themselves as well
4 with the said Henry Garnet, Oswald Tes-
* mond, John Oerraid, Thomas Winter, Guy
* Fawkcs, Robert Keyes, and Th«<mas Rate*,
•as with the s;»id Ruben Catesbv, '1 liomas
' Percy, John Wright, and Christ. Wright, in
• the treasons, traitorous intentions "and pur- * brose Rookwood, as the said Robert Catesby,
• poses aforesaid ; and traitorously to provide * Thomas Percy, John Wright, and Curi-topher
• horse, armour, and oiher m ccssaries, for the
• better accomplishment and ejecting of the
• said treasons. To which traitorous motion
• and request, the said Robert Winter, Jwbn
• Grant, Ambrose Rookwood, and Francis
• Tresham, did traitorously yield their assents,
' and as well with the said Henry Garner, Os-
• wald Tesmond, John Gerrurd, Robert Win-
• ter, Thomas Winter, Guy Fawke*, Robert
• Keyes, and Thomas Bates, as with the said
' Robert Catesby, Thomas Percy, John Wright,
• Christ. Wright, and Francis Tresham, in the
• said treasons, traitorous intentions and pur-
• poses aforesaid, traitorously did adhere and
• unite themselves: And thereupon several
• corporal Oaths, in form abovesaid, traitorous-
' ly did take, and the Sacrament of t»ie Eucha-
• rist, by the hands of the said Jesuits did re-
• ceive, to such intent and purpose, as is afore-
' taid ; and horses, armour, and other necessa-
' ries for the better effecting of the said trea-
• son?, according to their traitorous assents
• aforesaid, traitorously did provide. And that
1 afterwards all the said false traitors did trai-
' torously provide, ai|d bring into the cellar
\ aforesaid ten other barrels full of gunpowder,
' newly bought, tearing le>t the former gun-
• powder, so as aforesaid bestowed and placed
• there, was become dnnkish ; and the said
• several quantities of gunpowder aforesaid,
• with billet* aitd faggots, lest they should be
• spied, secretly and traitorously did cover.
• And that afterwards the said lidac traitors
• traitorously provided, mid brought into the
1 cellar aforesaid, four hogshead* full of gunpow-
• dcr, and laid divers great iron bars and >kuks
* Wright, traitorously -did lly and withdraw
* themselves, to the intent traitorously to stir
• up and procure such popish persons, as they
( could, t ) join with tt'cm in actual, publick,
* and open rebellion ugaiusL our said sovereign
• lord the king ; and to that end did publish
• divers feigned and false rumours, that the
•papists throats should have been cut; and
• that thereupon divers papists were in arms,
* and in open, publick, and actual rt hellion
• against our said sovereign lord the king, in
* divers paits of this realm of Kngland/
To this Indictment they ail pleaded, Not
Guilty; and put themselves upon God and the
cojuntry.
Then did Sir Erlzrard Philips, knight, bis ma-
jesty's Serjeant at Law, open Uie Indictment to
this effect, as lblloweth :
The ma tier that is now to be offer'd to you
mv lord.-* the commissioners, and to the trial of
you the knights and gentlemen of the jury, is
matter of Treason; hut of such horror, and
monstrous nature, thnt before now, the tongue
of iu;mi never dehier'd ; the ear of man never
heard ; tin* heart of man jievcr conceited ; nor
th<* malice of hellish or earthly devil ever prac-
t:sed : For, if it be abominable to murder the
least ; if t > touch God's anointed be to oppose
themselves against God ; If (by blood) to sub-
vert prince , states and kingdoms, be hateful to
God and man, as all true Christians must ac-
knowledge : then, b >w much more than too too
monstrous ih.ill idl Christian htarts judge the
horror of this treason ; to murder and sub-
it rt such a king ; such a queen ; such a prince ;
such a progeny ; Mich a state ; such a gi#vern-
* upon the said four hogsheado, and the afore- merit, so compleu* and absolute, that God np-
* said other quantities of gunpowder : And the proves, the woihl admires, all true English '
* said quantities of gunpowder, bars, and stones, | hearts honour and reverence; the pope and his
'with billets and faggot*, lest they should be i discijlcs only envies anil maligns? — The pro-
* espy'd, secretly and tratorously did likewise . feeding wherein, h properly to he divided into
* cover. And that the said Guy i'awkes, after- i three general heads. 1. Matter of Declaration.
f wards, for a full and final accomplishment of! 2. Matter of Aggravation. 3. Matter of Pro-
* the said treasons, traitorous intentions and bat ion. Myself am limited to deal only with
* purposes aforesaid, by the traitorous procure- the Matter of Declaration, and that is contain'd
4 ment, as well of tin* said Henry Garnet, Os- within the compass of the Indictment ouly-
* wald Tesmond, John Gerrard, nod other jc- 1 For the other two, 1 am to leave to him te
I
105]
STATE TRIADS, 3 James I. lGO().~w the Gtrnpovder-Pbt.
[166
whose place it belongeth. The substance of
which declaration coosisteth in four parts. 1.
In the Persons and Qualities of the conspirators.
2. In the Matter conspired. 3. In the Mean
and Manntr of the Proceeding and Execution
of the Conspiracy. And Jthly, Of the End and
Purpose why it was so conspired.
As concerning the first, being the Persons;
ihcy were, Garnet. Gerrard, Tcsmoud, jevuiis
n»t then taken. Thomas Winter, Guy law keg,
Robert Keyes, Thomas Bates, Evernrd Digby,
Ambrose Rook wood, John Grant, Robert \V in-
ter, at the bar. Robert Catesby, Thomas
Percy, John Wright, Christopher \V right, slain
in rebellion. Frauds Tresham, lately dead.
All grounded Romanists and corrupted scholars
of so irreligious and traitorous a school. — As
concerning the second, which is the Matter
conspired ; it wa>, 1. To deprive the king of
hi* crown. 2. To murder the king, the queen,
and the prince. 3. To stir rebellion and sedi-
tion in th<» kingdom. 4. To bring a miserable
destruction amongst the subjects. 5. To change,
alter, and subvert the religion here established,
6. To ruinate the ttatc of the commonwealth,
and to bring in strangers to invade it. — As con-
cerning the third, which is the Mean and Man-
ner how to compass and execute the same ;
they did all conclude, 1. That the king, and
lift people (the papists excepted) wcrehercticks.
2. That they were all cursed, and excommu-
nicated by the pope. 3. That no hcretick
could be king. 4. That it was law'ful and me-
ritorious to kill and destroy the kinc, and all
the said hercticks. — The mean to effect it, they
concluded to be, that, 1. The king, the queen,
the prince, thv lords spiritual and temporal,
rte knights and bin-Leases of the parliament
th'<u!d be blown up wjth powder. 2. Th.it the
whole royal issue male should be destroyed.
3. That they would take into their custody
Liiznbeth and Mary the king's daughter?, and
proclaim the lady Elizabeth queen. 4. That
tiie? should feign a Proclamation in the name
of Elizabeth, in which no mention should
W made of alteration of religion, nor that
Aff were parties to the treason, until they
nad raised power to perform the same ; and
tfcen to proclaim, all grievances in the king-
dom should be reformed. — That they also took
«Terol oaths, and received the sacrament;
for, for secrecy ; secondly for prosecution ;
except they were discharged thereof by three
of them. — That after the destruction of the
king, the queen, the prince, the royal issue
vale, the lords spiritual and temporal, the
knights and burge?-ses, they should notify the
»me to foreign states ; and thereupon sir Ed-
mand Bay nam, an attainted person of treason,
find styling himself prime of the damned crew,
should be sent and make the same known to
tbe pope, and crave his aid : an embassador
fit both for the message und persons, to be sent
betwixt the pope and the devil. — Tl\at the
rirliament being prorogued till the 7th of
eb. they in December made u mine under the
house of parliament) purposing to place their
powder there ; but the parliament being then
further adjourned till the 3d of October, they
in Tent following hired the vault, and placed
therein 20 barrels of powder. — That they took
to them, Robert Winter, Grant, and Rook-
wood, gi\ing them the oaths and sacrament as
aforesaid, as to provide munition. — July 20.
They laid in ten barrels more of powder, lay-
ing upon them divers great bars of iron, and
pieces of timher, and great massy stones, and
covered the same with faggots, &c. — Septem-
ber 20. They laid iu more, 4 hogsheads of
powder, with other stores and bars of iron
thereupon. — Nov. 4. (The parliament being
prorogued to the 5th) at 11 a clock at night,
Fawkes had prepared, by the procurement of.
the resr, touchwood and match, to give fire to
the powder the next day. — That the Treason
being miraculously discovered, they put them-
selves, and procured others to enter, into open
Rebellion : and cave out most untruly, it was
for that the Papists throats were to be cut.
Attorney General. _ (Sir Edward Coke.) It
appeareth to your lordships, and the re*t ot this
most honourable and grave assembly, even x
by that which Mr. Serjeant hath already open-
ed, that these are the greatest treasons that
ever were plotted in England, and concern the
greatest king that ever wai of England. Rut
when this assembly shall fuither hear, and see
discovered 'the roots and branches of the same,
not hitherto published, they will say indeed,
Quis hac posteris sic narrate patent, ut facta
non Jicta ease videatitur ? That when the'.e
things shall he related to posterity, they will
be reputed matters feigned, not clone. And
therefore in this so great a cause, upon the
carriage and even*, whereof the eye of all
Christendom is at this dav bent : I shall desire
that 1 may with your patience be somewhat
more copious, and not so succinct, as my usual
manner hath been; and yet will I be no longer
than the very matter itself shall necessarily re-
quire. But before I enter into the particular
narration of this cause, I hold it fit to give sa-
tisfaction to some, and those well affected
amongst us, who have not only marvelled, hut
grieved, that no speedier expedition hath been
used in these proceedings, considering the mon-
strousness and continual horror of this so 'des-
perate a cause. — 1. It is ordo nature, agree-
able to the order of nature, that things of great
weight and magnitude should slowly proceed,
according to that of the poet, * Tarda solet
magnis rebus ndisse lines.* And surely of
these things we may truly say, ' Nunquam ante
dies nostros talia accidcrunt ;' neither hath the
eye of man seen, nor the ear of man heard the
like things to these. — 2. Veritas tewporit frfia,
Truth is the daughter of time ; especially in
this case, wherein by timely and often exami-
nations, 1. Matters of greatest moment have
been lately found out. 2. Some known often-
ders and those capital, but lat^ltf, apprehended.
3. Sundry of the principal arch-traitors before
unknown, now manifested, as the Jesuits. 4.
Heretical, treasonable and damnable book*
,1,07] STATE TRIALS, 3 James I. 1GOG.— The Trials of the Conspirators [16$
Treasurer, or any justice of the one bench or
other; justices of assize, or any other judge
mentioned in the statute of 25 Edw. 3. sitting
in their judicial places and exercising their
offices." And the reason is, for that every
judge so sitting by the king's authority, repre-
sented the majesty and person of the Ling ;
and therefore it is crimen lata.mnjcstatis, to
kill him', the king being always in judgment of
law present in court. But in I he high court of
pniliameut, every man by virtue of the king'*
authority, by writ under the great seal, hath a
judicial place; and so consequently the killing
of every of them had been a several Treason,
and crimen l<e$a wajcttutis. Besides that to
their treasons were added open rebellion, bur-
glary, robbery, horse-stealiug, &c. So that
this offence is such, as no man can express it,
no example pattern it, no measure contain it.
— Concerning foreign princes ; there was here
a protestation made for the clearing of them
from all imputation and ai^persion whatsoever.
— First, For that whilst kingdoms stood in hos-
tility, hostile actions arc holden honourable
and just. Secondly, It is not the king's Ser-
jeant, attorney, or sollicitor, that in any sort
touch or mention them : for we know that great
princes and personages are reverently and re-
spectfully to be spoken of; and that there is
lex in iermone tcnenda. But it is Fawkes,
Winter, and the rest of the offenders, that
have confessed so much as hath been said :
and therefore the king's counsel learned doth
but repeat the offender's confusion, and charge
or touch no other person. They have also
slandered unjustly our great master king James,
which we only repeat, to shew the wickedness
and malice of the offenders. Thirdly, So much
as is said concerning foreign princes, is so wo-
ven into the matter of the charge of these of-
fenders, as it cannot be severed, or singled
from the rest of the matter ; so as it is inevi-
table, and cannot be pretermitted. — Now as
this I'uwder-T reason is in itself prodigious and
unnatural, so it is in the conception and birth
lately found out; one of equivocation, and
another, * De officio Principis Christiaui,' of
Francis Tresham's. — 3. There have been al-
ready twenty aud three several days spent in
Examinations. — 4. We should otherwise ha\t
hanged a man unaltainted, for Guy Fawkes
^passed for a time under the name of John
Johnson : so that if by that name greater ex»
pedition had been made, and he banged, though
we had not missed of the man, yet the pro-
ceeding would not have been so orderly or jus-
tifiable.— 5. The king out of his wisdom and
great moderation, was pleased to appoint this
trial in time of assembly in parliament, for
that it concerned especially those of the parlia-
ment.— Now touching the offences themselves,
they are so exorbitant and transcendent, and
aggregated of so many bloody and fearful
crimes, us they cannot be aggravated by any
iuferenee, argument or circumstance whatso-
ever ; and that in three respects : First, Be-
cause this offence is prima impressionis, and
therefore sine nomine, without any name which
might be udaauatum, sufficient to express it,
given by any legist, that ever made or writ of
any law?. For the highest treason that all they
could imagine, they called it only crimen laste
tnajestutis, the violating of the majesty of the
prince. But this treason doth want an apt
name, as tending not only to the hint, but to
the death of the king, and not the death
of the king only, but of his whole king-
dom, Non Regis scd llegni, that is, to the
destruction and dissolution of the frame and
fabrick of this antient, famous, and ever-flou-
rishing monarchy ; even the deletion of our
whole name and nation : ' And therefore hold
' not thy tongue, O God, keep not still silence,
' refrain not thyself, O God ; for so lo thine
* enemies make a murmuring, and they that
' hate thee have lift up their heads: They have
* said, Come, and let us root them out, that
* they be no more a people, and that the name
f of Israel may be no more in remembrance.'
Psal. lxxxiii. 1 — o. — Secondly, It is sine
exemplo, beyond all examples, whether in fact
or fiction, even of the tragick poets, who did
beat their wits to represent the most fearful
and horrible murders. — Thirdly, It is sine w/o-
do, without all measure or >lint of iniquity;
like a mathematical line, which is, divisibilis in
$cmpcr daiaibilia, infinitely divisible — It is
treason to imagine or intend the death of the
kin::, queen, or prince. — For treason is like
n tree whose root is full of poison, and lieth
secret and hid within the earth, resembling the
imagination of the heutt of man, which is so
nee ret as God only kuowcth it. Now the wis-
dom of the law provide! I Nor the blading aud
nipping, both of the leave-, blossoms, and buds
which proceed from this root of Treaxm; either
l»v wokU, which an* like to leaves, or bv some
uveil act, which may be rocmbled to buds or
|ilov»om», before it cometh to such fimt and
ri|»f uevi, a-* would bring utter deduction and
dcio latum upon the whole state. — It is hke-
him Tnwoii to kill Uie lord Chancellor, lord
most monstrous, as arising out of the .dead
ashes of former Treasons. For it had three
roots, all planted and watered by Jesuits, and
English Romish Catholicks : the first root in
Englaud, in December and March ; the second
in Flanders, in June ; the third in Spain, in
July. In England it had two branches, one in
December was twelve months before the death
of the late queen of blessed memory ; another
in Mai ch wherein she died. — First in Decem-
ber, a. i). loUl, do Henry (Jarnet superior of
the Jesuits in England, Kobt. Testnond, Jesuit,
ltobt. (.'atesby (who was bono subacto ct vcr-
$uto ingenioet profunda pcrjidia) together with
Francis Troham and others, in the names,
and for the behalf of all the English Komish
Catholicks, iinploy Thomas Winter turn Spain,
hi for i he general pood of the Koin'feh Catho-
lick cau»e ; and by him doth Gainet write his
letters to father Crcswell, jfsuit, residing in
Spain, in that behalf. With Thos. Winter doth
Tuinoud, alius Grcwieway the jctuit, go as au
I
IG9]
STATE TRIALS, 3 James I. 1600.— m tla Gunpowder-Plot.
[170
associate and confederate in tjiat conspiracy.
The message (which was principally committed
unto the said Winter) was, that he should
make a proposition and request to the king of
Spain, in the behalf and names of the English
Catholicks, That the king would send an army
hither into England, and that the forces of
the Catholicks in England should he prepared
to join with him, and do him service. And
further, that he should move the king ot* Spain
to bestow some pensions here in England,
tpon sundry persons Catholicks, and devoted
to his service: and moreover, to give adver-
feemeut, Unit the said king of Spain, making
sse of the general discontentment that yoong
gentlemen and soldiei6 were in, might no
doubt, by relieving their necessities, have them
all at his devotion. — And because that in all
attempts upon England, the greatest difficulty
was ever found to be the transportation of
hortes ; the Catholicks in England would as-
sure the king of Spain to have always in rea-
diness lor his use and service, . 1500 or 2000
borse*, against any occasion or enter prize.
Now Thomas Winter undertaking this negotia-
tion, and with Tesmond the Jesuit coming into
Spain, by means of father Creswell the legier
Jesuit there, as hath been said, had readily
tpeech with Don Pedro Francesa second se-
cretary of state, to whom he imparted his mes-
Hge, as also to the duke of Lerma ; who as-
sured him, that it would be an office very
grateful to his mnster, and that it should not
want his best furtherance. — Concerning the
place for landing of the king of Spain's army,
which from the English Romish Catholicks he
desired might be sent to invade the land ; it
wa* resolved, That if the army were great,
then Essex and Kent were judged fittest, (where
DMe by the way, who was then lord Warden
"f the Cinque Ports) : if the army were small,
awl trusted upon succour in England, then
Miliurd-haven was thought more convenient. —
Now there being at that time hostility betwixt
Uth kingdoms, the king of Spain willingly em-
Wed the motion, saying, that he took the
a*»:ige from the Catholicks very kindly, and
that in all things he would respect them with
as great care as his proper CnstiliatK. But
(** his further answer, and full dispatch, Thos.
Winter was appointed to attend the progress.
In the end whereof, being in summer time,
count [Miranda gave him this answer in the
We If of his master, That the king would be-
llow 100,000 crowns to ih it u»c, half to he
paid that year, and tho rest the next spring
following ; and withal required that we should
he as good as our promise, for the next soring
Le meant to be with us, and set foot in England.
Ai-.l lastly, he desired on the king's* behalf, of
Winter, that he might have certain advertise-
ment and intelligence, if so it should in the
Bean time happen that the queen did die.
Tho*. Winter laden with these hopes, returns
into England about a month before Christians,
and delivered answer of all that had passed, to
iitory Garnet, Robert Catesby, and Francis
Tresham. But soon after set that glorious
light, her majesty died : ' Mira cano ; Sol oc-
' cubuir, Nox nulla secuta est/ — Presently
after whose death was Christ. Wright, another
messenger, sent over into Spain by Garnet,
(who likewise did write by him to Creswell,
for the furtherance of the negociation) Catesby
and Tresham, in the name and behalf of all
the Romish Catholicks in England ; as well to
carry news of her majesty's death, as also to
continue the aforesaid negotiation for an inva-
sion and pensions, which by Tho. Winter had
before been dealt in. And in the Spanish
court, about two months after his arrival there,
doth • Christopher Wright meet with Guy
Fawkes ; who upon the 22nd of June was em-
ployed out of Flanders from Brussels by sir
William* Stanley, Hugh Owen,, (whose linger
hath been in every treason which hath been
of late years detected) and Baldwyu the legier
Jesuit in Flanders ; from whom likewise the
said Fawkes carried letters to Cresswell in
Spain, for the countenancing and furtherance
of his affairs. — Now the end of Fawkes's im-
ployment was, to give advertisement to the
king of Spain, how the king of England was
like to proceed rigorously with the Catholicks,
and to run the same course which the late
queen did ; and withal to intreat that it would
please him to send an army into England to
Milford- haven, where the Romish Catholicks
would be ready to assist him ; and then the
forces that should be transported in Spinola's
G allies, should be landed where thev could
most conveniently. And these their several
messages did Christopher Wright and Guy
Fawkes in the end intimate and propound to
the king of Spain. But the king as then very
honourably answered them both, that he would
not in any wise further listen to any such mo-
tion, as having before dispatched an embassy
into England, to treat concerning peace.
Therefore this course by foreign forces failing,
they fell to the Powder-plot, Catesby and
Tresham being in at all ; in the treason of the
earl of Essex, ih the treason of Watson and
Clarke seminary priests, and also in this of the
Jesuit*; such a greedy appetite had they to
pructi.se against the state.
The test of that which Mr. Attorney then
spake continuedly, was by himself divided into
i three general parrs. The first containing cer-
tain Considerations concerning this Treason.
The second Observations about the same. The
! third a Comparison of this Treason of the
Jesuits, with that of the seminary priests, and
th.it other of Raleigh and others.
For the considerations concerning the Tow*
der-t reason, they were in number eight: that
is to say, 1. The persons by whom. 2. The
persons against whom. 3. The time when.
4. The place where. 5. The means. 6. The
j end. 7. 'Hie secret contriving. And lastly,
the admirable discovery thereof.
1. For the Persons olfeuding, or by whom,
they are of two sorls ; either of tho clergy, or
laity : and for each of them there is a several
171] STATE TRIALS, 3 J am es I. 1 606.— The Trials of the Conspirators [172
objection made. Touching those of the laity,
it is by sonic given out, that they are such men,
as admit just exception, cither desperate in
estate, or base, or not settled in their wits.;
audi as are sine rcltgiune, sine sede, sine fide,
sine re, et sine spe ; without religion, without
habitation, without credit, without means,
without hope. But (that no man, though
never so wicked, may he wronged) true it is,
they were gentlemen of good houses, of excel-
lent parts, howsoever most perniciously se-
duced, abused, corrupted, und jesuited, of
very competent fortune* and states. Besides
that Percy was of the house of Northumber-
land, sir William Stanly, who principally im-
ployed Fawkes into Spain, and John Talbot of
Grafton, who at the least is in case of mispri-
sion of high-treason, both of great and honour-
able families. Concerning those of the spiri-
tuality, it is likewise falsly laid, That there is
never a religious man in this action, lor I
never yet knew a treason without a Romish
priest ; but in this there are very many Jesuits,
who arc known to have dealt and passed
through the whole action : three of them are
lexers and statesmen, us Henry Garnet alias
Walley, the superior of the Jesuits, legier here
in England ; father Cresswell, Icgior Jesuit in
Spain, father Baldwyn legier in Flanders, as
Parsons at Rome ; besides their cursory men,
as Gerrard, Oswald, Tcsiuond, alius Greene-
way, Hammond, Hall, and other Jesuits. So
that the principal offender* are the seducing
Jesuits ; men that use the reverence of religion,
yea, even the most sacred and blessed name of
Jesus, as it mantle to cover their impiety,
blasphemy, treason and rebellion, and all man-
ner of wickedness; as by the help of Christ
shall be made most apparent to the plory of
God, and the honour of our religion. Con-
cerning this sect, their studies and practices
principally consist in two chl's, to wit, in depos-
ing of kings, end disponing of kingdoms : their
profession and doctrine is a religion of distinc-
tion*-, the greatest part of them being without
the text, and therefore in very deed, idle and
vain conceits of their own brains : not having
tnrmbra dividenlia, that is, all the nans of the
division warranted by the Word oi God ; mid
' ubi lei non distinguit, ncc nos distinguerc
' debemus.' And albeit that, princes hold their
crowns immediately of and from God, by right
of lawful succession and inheritance inherit by
royal blood; yet think these Jesuits with a
goose-quill, within four distinctions to remove
the crown from the head of any king christened,
and to deal with them, as the old Romans are
Wiid to have done with thttir viceroys, or petty
kings, who in effect were but lieutenants unto
them, to crown and uncrown them at their
pleasures. Neither so only, hut they will pro-
scribe and expose them to be butchered by
vassals, which is against their own canons, for
priests to meddle in cause of blood. And by
this means they would make the condition of a
king tar worse than that of the poorest crea-
ture that breathetb. First saith Simanca;
' rTseretici omncs ipso jure sunt excommuni-
* cati, et a communione ridel iura dins proscrip-
1 tionibusseparatietquotannis in ca?na Domini
* excommumcantur a Papa :' So then every
heretick stands and is reputed with them us
excommunicated and accursed, if not de facto,
yet dejure, in law and right, to all their intents
and purposes ; therefore may he be deposed,
proscribed -and murdered. I, but suppose be
be not a professed heretick, but deaketh re-
servedly, and keepeth his conscience to him-
self; how stands ne then ? Simanca answer*
* Quacri autew solet an hareticus occultns ei-
' conimunicatus sit ipso jure, et in alias etiam
4 pamas iucidat contra haereticos ' statutas f
' Cui quiestioni simpliciter jnrisperiti respon-
' dent, quodetsi haeresis occulta sit, nihilominus
' occultus hareticus incidit in illas paenas.'
Whether he be a known or a secret heretick,
all is one, they thunder out the tame judgment
and curse for both; whereas Christ saith,
' Nolite judicare,' judge not, which is, saith
Augustine, * Nolite judicare dc occultis,' of
those things which are secret. But suppose
that a prince thus accursed and deposed, will
eftsoons return and conform himself to their
Romish Church, shall he then be restored to
his state, and again receive his kingdom?
Nothing less : for saith Simanca, ' Si reges aut
* alii principes Christiuni lacti sint harretici,
* protinus subjecti et vassali ab eorum dominio
* liberantur ; nee jus hoc recuperabunt, quam-
' \is postea reconcilientur ecclesia?.' O bur,
' sancta mater e colesia nunqiiam claudit gremi-
(um redcunti;' our holy'mother the church
never shuts her bosom to any convert. It is
true, say they, but with a distinction, quoad
an'uimm : therefore so he may, and shall be re-
stored ; that is, spiritually, in respect of hi*
soul's health. Quoad annn/tm, he shall again
be taken into the holy church ; but not quoad
rcgnuw, in respect of hi* kingdom, or state
temporal, he must not be restored ; the reason
is, because all hold only thus far, * Modo non
' sir ad damnum ecclesiuc,' so tint the church
receive thereby no detriment. I, but suppose
that such an unhappy deposed prince have a
son, or lawful and ii»lit heir, and he also not
to be touched or spotted with his father's
crime, shall not he at least succeed, and be
invested into that princely estate? Neither
will this down uith them : heresy is a leprosy,
and hereditary disease: * Et ex leprosis pa-
' rentihus loprosi generantur filii ;' ' Of leprous
parents, come leprous children.' So that saith
Simanca, * Propter -haercsiui regis, non solum
' rex regno privatur, bed ct ejus filii a regni sue-
4 cessionc pelluntur, ut nostcr lupus' (who is
indeed, ' Vir secundum notnen ejus,* a wolf
as well in nature as name) ' luculcnter probbt.9
Now if a man doubt whom the* here mean by
an heretick, Crcswell in his book called Philo-
pater, gives a plain resolution ; * ltcgnandi
'jus amittit' (saith he) 'qui rcligionem Ro-
manam deserit,' he is the heretick «e speak
of; even whosoever forsakes the religion of
the Church of Rome! he is accursed, deprived}
^Adl^^.
173]
STATE TRIALS, 3 James I. 1600.— in the Gunpvivder-Plot.
[17*
proscribed, never to be absolved but by the .
pope himself, never to be restored either in
buuself, or his posterity.
One place amongst many out of Creswell's j
PUlopater, shull serve to give a taste of the je- J
suitical spirits and doctrine; which is, sect. 2.
page 109. * Hinc ctiam infert univcrsu theolo-
* gorum ac jurisconsultorum ecclcsiasticorum
' scbola (et est cerium et de fide) rmemcuuque
1 pnncipeiii Christiunum, si a lteligione Catho-
' Ika manifesto dillcxcrit, et alios avocare volu-
' tnt, excidcre statim omui p> test ate ac digni-
4 tile, ex ipsa vi juris tuiu huinani turn divini,
1 iiocque ant edict am sententiarn supreini pasto-
1 ns ac judicis contra ipsuin prolatam, et sub-
* ditos quoscunque liberos esse ab omni jura-
* meiui o bug at ion e, quod deobedientia tanquain
* pnncipi legititno prastitissent ; posseque et
' dehere (si vires habeant) istiusmodi hominem
' taocjuuin apostatam, haereticum, ac Christi Do-
' mini dt-sertorem, et reipub. suae inimicum bos-
* teuiuue ex hominum Christianorum dommatu
' ejicere, ne alio-* inticiat, vel suo exemplo aut
4 impcrio a fide avert at. Atquc hate certa, de-
'finita et indubitata virorum doctissimorum
'seutentia/ That is, this inference also doth
tie whole school both of divines and lawyers
make, (and it is a position certain, and to be
UiMloubtedly believed) that if any Christian
prince whatsoever, shall manifestly turn from
the Catholic religion, and desire or seek to re-
claim otlier men from the same, he presently
tklieih from all princely power and dignity; and
that also by virtue and force of the law itself,
U>di drtine and human, even before any sen-
tence pronounced against him by the supreme
foator and judge. And that his subjects, of
whnt estate or condition soever, are freed from
til bond uf oa:h of allegiance, which at any time
uVv hod made unto him as to their lawful
prince. Nay, that they both may and ought,
proTided they bote competent strength and
free, cast out such a man from bearing" rule
QoDgst Christians, as an apostate, an heretic,
% backslider and revolt er from our Lord Christ,
udau enemy to his own state and common-
»eiith, Jert pcrluip* he might infect others, or
h\ Lis example or command turn them from
t.c faith. And this is the certain, resolute, and
wj<mbtcd judgment of the best learned men.
But Tresham in Ins hook, De Ollicio Prmcipis
CL'Utiani, goeth beyond all the rest ; for he
frluialy concluueth and determineth, that if any
prince shall but favour, or shew countenance to
«i heretick, he presently h^cth his kingdom.
hi hi) fifth chapter, he propounded this pro-
Ueni, ' An aliqua possit secundum conscien-
* tuuii subditis esse ratio, cur legitimo sno regi
■ Ulluuu sine scclere movcant ?' Whether there
may be any lawful cause, justifiable in con-
tcieiice, for subjects to take arms without sin,
agajnst their lawful prince and sovereign ? The
resolution is, ' Si priiiccps hxreticus sit et obsti-
1 uau- ac pertinacitcr intolcrahiiis, summi pa»-
* torn rirvina potestate deponatur, et uliud ca-
1 put conslitoator, cui subditi.se jungant, et le-
1 gtUiao online et authoritate ty rami idem amo-
' veant. Princcps indulgendo hareticos uon
* solum Deum oilendit, sed perdit et regnum et
' gentem/ Their conclusion therefore is, that
for heresy, as above is understood, a prince is
to be deposed, and his kingdom bestowed by the
pope at pleasure; and that the people, upon
pain of damnation, are to take part with him
whom the pope shall so constitute over them.
And thus whilst they imagine with the wings of
their light-feathered distinctions to mount above
the clouds and level of vulgar conceits, they
desperately fall into a sea of gross absurdities,
blasphemy, and impiety. And surely the Je-
suits were so far in gaged in this treason, as that
some of them stick not to say, that if it should
miscarry, tlmt they were utterly undone, and
that it would overthrow the state of the whole
society of the Jesuits : And I pray God that in
this, they may prove true prophet*, that they
may become like the Order of Templarii, so
called for that they kept near the sepulc hrc at
Jerusalem, who were by a general and universal
edict in one day throughout Christendom quite
extinguished, as being ordo impictutis, an order
of impiety. * And so from all sedition and
' privy conspiracy, from all false doctrine and
1 heresy, from hardness of heart, and contempt
' of thy word and commandment, Good Lord,
' deliver us/ '1 heir protestations and pretences,
are to win souls to God ; their proofs weak,
light, and of no value ; their conclusions false,
damnable, and damned heresies : The first
mentioneth God, the second savoureth of weak
and frail man, the last of the devil ; and their
practice easily appearcth out of the dealing of
their holy father.
Henry 3rd of France for killing a cardinal was
excommunicated, and after murdered by James
Clement a monk : That f;»ct doth Nxtus Quin-
tus then pope, instead of orderly censuring
thereof, not only approve, but commend in a
long consistory oration. ' '1 hat a monk, a re-
' ligious man/ with he, ( hath slain the unhappy
' French king, in the midst of his host, it is rurum
1 insigne, monoruhilefocinns, a rare, a notable,
' and a memorable act : yea further, it is J acinut
s non sine Dei optimi mas i mi particulars provi-
* dentia et disposition?, \c. A fact done not
' without the special providi nee and nppoint-
( meat of our good God, and the su«ge*tion and
* assistance ot his holy spirit; \ea, a far greater
* work than was the slaying of HolufVrnes by
' holy Judith/ Vcrtu nowwhus ficturn ocvide-
rat, A true monk had killed the fclse monk ;
lor that, as was reported; Henry 3 sometimes
, would use that habit when he went in proces-
sion : and for France, even that part thereof
which enteituinelh the popish religion, yet never
could of ancient time brook this usurped autho-
rity of the «ee of Rome, nainelv, that the pope
had power to excommunicate kings, and absolve
subjects from their oath of allegiance : w Inch po-
sition is x) directly opposite to all the canons of
the church of France, and to all the decree* of the
king's parliament there, as that the very body of
Sorhonne. and the whole university at Paris,
condemned it as a most schi»inatical, pestiknt9
175 J STATE TRIALS, 3 James I. 1G0G.— The Trials of the Conspirators [170
and pernicious doctrine of the Jesuits; as may
appear in a treatise made to the French king,
aud set out 1602, intitled, * Le franc ^Discours/
But to return to the Jesuits, Catesby was re-
solved by the Jesuits, that the fact was both
lawful and meritorious ; and herewith he per-
suaded and settled the rest, as they seemed to
make doubt.
Concerning Thomas Bates, wlio was Cates-
was resolved, and that by good authority, as
Cuming from the Superior of the Jesuits, that in
conscience it miglrt be done, yea. tho* it were
with the destruction of many innocent**, rather
than the action should quail e. Likewise fa-
ther Hammond absolved all the traitors at
Robert Winter's house, upon Thursday afier
the discovery of the Plot, they being then in
open rebellion : And therefore, * Hos O Hex
bv's man, as he was wound into this treason by magne caveto :' and let all kings take heed, how
his master, so was he resolved, when he doubt- they either favour or give allowance or conni-
ed of the lawfulness thereof, by the doctrine of vance unto them
the Jesuits. For the manner, it was after this
sort: Catesby noting that his man observ'd
him extraordinarily, as suspecting somewhat of
that which he the said Catesby went about,
Called him to him at his lodging iti Fuddle-
wharf; and in the presence of Thomas Winter,
asked him what he thought the business was
they went about, for that he of late had so sus-
piciously and strangely marked them. Bates
answerM, that he thought they went about some
dangerous matter, whatsoever the particular
were : whereupon they sisked him again what
he thought the business might be ; and he an-
swered that he thought they intended some
dangerous mutter about the parliament-house,
because he had been stmt to get a lodging near
unto that place. Then did they make the said
Bates take an oath to be secret in the action ;
which being taken by him, they then told him
that it was true, that they were to execute a
great matter ; namely, to lay jnnvder under the
parliament-house to blow it up. Then they
also told him that he was to receive the sacra-
ment for the more assurance, and thereupon he
went to confession, to the said Tesmond the
Jesuit: and in his confession told him, that
he was to conceal a very dangerous piece of
work, that his master Catesby and Thomas
Winter had imparted unto liim, aud said he
much feared the matter to be utterly unlawful,
and therefure therein desired the counsel of the
Jesuit ; and revealed unto him/the whole in-
tent and purpose of blowing up the parliameiiL-
houbc upon the first day of the assembly; at
what time the king, tin? queen, the prince, the
lords spiritual and temporal, the judges the
knights, citizens aud burgesses, should all have
been there con vented and met together. But
the Jesuit being a confederate therein before,
•*4Q, The second Consideration respecteth the
Persons against whom this treason was intend-
ed ; which are, 1. The king, who is God's
anointed. Nay, it hath pleased God to commu-
nicate unto him his own name ; ' Dixi, Dii est is/
not substantially or essentially so, neither yet
on the other side Uxurpativt, by unjust usur-
pation, as the devil and the pope; but Potesta*
tivt, as having his power derived from God
within his territories. 2. Their natural liege
lord, and dread sovereign, whose just interest
and title to this crown may be drawn from be-
fore the conquest ; and if he were not a king
by descent, yet deserved he to be made one
for his rare and excellent endowments aud or-
naments both of body and mind. Look into his
true and constant religion and piety, his jus-
tice, his learning above all kings christened, his
acumen, his judgment, his memory; and you
will say that he is indeed, ' Solus prateritis
* major, meliorque futuris.' But because I
cannot speak what I would, I will forbear to
speak what I could. Also against the queen, a
most gracious and graceful lady, a most virtu-
ous, fruitful, and blessed vine, who hath hap-
pily brought forth such olive-branches, as that
' iu benedict ione erit meinoria ejus,' her me-
mory shall be blessed of all our posterity. Theu
against the royal issue male, next under God,
and alter our sovereign, the future hope, com-
fort, joy, and life of our state. And as for pre-
serving of the good lady ftli/abcth the king's
daughter, it should only have been for a time to
have served for their purposes, as being thought
a fit project to keep others in appetite for their
own further advantage; and then God know-
eth what would have become of her. To con-
clude, against all the most honourable and pru-
dent counsellors, aud all the true-hearted and
resolved and incoura^ed him in the action; worthy nobles, all the reverend and learned
and said that he should be secret in that which
his master had imparted unto him, for that it
was for a good cause. Adding moreover, that
it was not dangerous unto him, nor any offence
to conceal it : and thereupon the Jesuit gave
him absolution, and Bates received the sacra-
ment of him, in the company of his master Ro-
bishops, all the grave judges and sages of the
law, all the principal knights, gentry, citizens
and burgesses of parliament, the llower of the
whole realm. Hnrret animus, 1 tremble even
to think of it: Miserable desolation ! no king,
no queen, no prince, no h-»ue male, no counsel-
lors of state ; no nobility, no bishops, no
bert Cutfesbv aud Thomas Winter. Also when » indues ! () barbarous and more than Scythian
Jtookwood in the presence of sundry of the trai-
tors, having first received the oath of secrecy,
had by Catesby imparted unto him the Plot of
blowing up the king and state ; the said Kook-
Wood being greatly amazed thereat, answered,
that it was a matter of conscience to take away
to much blood : but Catesby replied, that he
or Thracian cruelty ! No mantle of holiness can
cover it, no pretence of n. ligion can excuse it,
no shadow of good intention can extenuate it;
God and heaven condemn ir, man and earth
detest it, the offenders themselves were asham-
ed of it ; wicked people exclaim against it, and
the souls of ail Una Christian subjects abhor it I
177]
STATE TRIALS, 3 James I. 1606.— m the Gunpowder Plot.
[178
miserable, but jet sudden had their ends been,
who should have died in that fiery tempest, and
storm f gunpowder. ' Bui more miserable had
they been that had escaped ; and what horrible
effects the blowing up of so much powder and
stuff would have wrought, not only amongst men
and beasts, but even upon insensible creatures,
churches, and houses, and all places near ad-
joining; you who ba\e been martial men best
know, for my self, ' Vox faucibus hsret :*
fo that the king may say with Che kingly pro-
phet David ; * O Lord, the proud are risen
'against me, and the congregation, even syna-
' 2PPh tne synagogue of naughty men have
* sought after my soul, and have not set thee be-
' fore their eyes/ Psal. lxxxvi. 14. ' The proud
' have laid a snare for ine, and spread a net
* abroad, yea, and set traps in my way/ Psal.
cd. 5. ' But let the ungodly lull into their
'own nets together, and let me ever escape
* them/ Psalm/ cxli. 11. We may say, ' If the
'Lord himself had not been on our side; yea,
4 if the Lord himself had not been on our side,
* irlien men rose up against us, they had swal-
1 Wed us up quick, when they were so wrath-
' fully displeased at us :. but praised be the
* Lord, which hath uot given us over for a prey
' unto i heir teeth. Out soul is escaped even
4 a» a biid not of the snare of the fjwlcr, the
' ?n:ire is broken, and we are delivered ; our
1 help staudcth in the name of the Lord which
* had; made heaven and earth/ Psaiin exxiv.
3. 'Ilic third consideration respects the 'Jinie
«hen this* Treason was conspired ; wherein
cute tlu.t it was primo Ji'cobi, even at that time
then his majesty used so great lenity towards
Recusants, in that by the space of a whole
jt.ir and four months, he took no pennlty by
itstute of them. So far was his majesty from
KTerity, liiat besides the benefit and grace be-
fore specified, he also honoured all alike with
advancement and favours; and all this was
continued uutil the priests Treason by Watson
*ad Clarke. But as there is wiser ic or dia jju-
tiev, so is there likewise crud> lit as parcens :
w* they were not only by this not reclaimed
fa (as plainly appearethj became far worse.
Ait, the Kuinish Catholicks did at that very
uae certify that it was very like, the king would
deal rigorously with them, and the same do
(be* traitors now pretend, as the chiefest mo-
cvt; wlicreas indeed thty had Treason on foot
aauDftt the king, before they saw his face in
Eo^aml : neither afterwards, for all the lenity
be med towards them, would any whit desist or
ftlent from their wicked attempts. Nay. (that
■tich coineth next to be remembered in this
part of their arraignment) they would pick
Gflttlje time of parliament for the execution of
their hideous Treasons, w heroin the flower of
tie land being assembled, for the honour of
f'r*l, the pood of his Church and this Common-
*t-alth ; they might as it were with one blow,
but •round/ but kill and destroy the whole
Mte: •«► that with these men, impuwta* conti-
**»« ajffrtum hibuit peccandi, lenity having
(flee bred a hop* of impunity, begat uot only
VOL. II.
insolency, but impenitency and increase of
sin.
4. We are to consider the Place, which was
the sacred senate, the house of parliament.
And why there ? For that, say they, unjust laws
had formerly been there made against catho-
licks: therefore that was the fittest place of all
others to revenue it, and to do justice in. If
any ask who should have executed this their
justice, it was justice Fawkes, a man like
enough to do according to his name. If by
what law they meant to proceed ; it was gun-
powder-law, "fit for justices of hell. But con-
cerning those laws which they so calumniate as
unjust, it *hail in few words plainly appear,
that they were of the greatest both moderation
and equity that ever were any. T\»r from the
year 1 Elizabeth, unto 11, all papists came to
our church and service without scruple I my-
self have seen Cornwallis, Bcddiu^field, and
others at church : so that then for the space of
10 years, they made no conscience nor doubt
to communicate with us in prayer. But when
once the Bull of Pope Pius Quinrus was come
and published, wherein the queen was accursed
and deposed, and her subjects discharged of
their ohedience and oath, yea cursed if they did
obey her ; then did they all forthwith refrain
the Church, then would they have no more
society with us in prayer : so that recusancy in
them is not for religion, but in au acknowledg-
ment of tho pope's power, and a plain mani-
festation what their judgment is concerning the
right of the prince in respect of regal power
oiul place. Two years after, viz. 13 Elizabeth,
was there a law made against the bringing in
of Bulls, &c. Anno 18, catr.e Mayne a priest
to move sedition. Anno '20, came Campion
the hrst. Jesuit, who was sent lo make a party
here in England, for the execution of the former
Bull: tht u follow treasonable books. Anno
'.'o Elizabeth, after so many years sufferance,
there were laws made against recusants and se-
ditious books : the penalty or sanction for
recusancy, was not loss of life, or limb, or
whole stale, but only a pecuniary mulct and
penalty, and that also until they would submit
and conform themselves, and again come to
Church, as they had clone for 10 years before
the Hull. And yet afterwards the Jesuits and
Romish prie^th both coming daily into, and
swarming within the icalm, and infusing conti-
nually this poison into the subjects hearts, that
by reason of the said Hull of Pius Quiulu.-, her
majesty stood excommunicated and deprived
of her kiniiflom, and that her subjects were
discharged i-f all obedience to her, endeavour-
ing hy all means to draw them from (heir duty
and allegiance to her majesty, and to reconcile
tiiem to the Church of Kome ; then 27 Eliz.
a law was made, that it should be Treason for
any (not to be a priest and an Englishman,
bom the queen's natural subject, but for any)
being so bom her subject, and made a Komish
piicst, M come into any of her dominions, to
infect any of her royal subjects with th?ir trea-
sonable and damnable persuasions uud prac-
N
170] STATE TRIALS, 3 James I. 1G0<3.— lite Trials qfihe Cotapiratort [180
tinuing and carriage of this treason ; to which
purpose there were four means used :
Jhst, Catesby was commended to the mar-
quis for a rtgimeut of ho>se in the Low-Coun-
tries, (which is the same that the lord Arundel
now hath) that under that pretence he might
have furnished this treason with horses without
suspicions The second means was an oath,
which they solemnly and severally took, as
well for secrecy, as^ersevcrance and constancy
in the execution of iheir plot. The form of
the oath was as follows : r You shall swear by
the blessed Trinity, and by the sacrament
you now purpose to receive, never to dis-
close directly nor indirectly, by word or cir-
cumstance, the matter that shall be proposed
to you to keep secret, nor desist from (he ex-
ecution thereof, until the rest shall give you
' leave.* — This oath was, by.Gerrard the Jesuit
given to Catesby, Percy, Christ. Wright, and
Thomas Winter at once; and by Greenweft
the Jesuit, to Bates, at another time, and so to
the rest. — The third, was the Sacrament;
w hid; they impiously and devilishly prophaned
to this end. — But the last, was their perfidious
and perjurious" equivocating, abetted, allowed,
and j untitled by the Jesuits, not only simply to
conceal or deny an open truth, but religiously
to aver, to protest upon salvation, to swear
that which themselves know to be most false ;
and all this, by reserving a secret and private
sense inwardly to themselves: whereby they
are, by their ghostly fathers, persuaded, That
they may safely and lawfully elude any ques-
tion whatsoever.
And here was shewed a Book written not
long before the queen's death, at what time
Thomas Winter was employed into Spain, en-
titled, ' A Treatise of Equivocation. ' Which
book being teen and allowed by Garner, the
superior of the Jesuits, and Blackwtl the arcli-
priest of England, in the beginning thereof,
Garnet with hV» o»n haitd put out those words'
in the title * of equivocation,' and made it thus;
' A Treatise against Lyiug and fiauduleut Dis-
simulation.' Whereas in deed and truth it
makes for both, * Speciosaque nomina culpa
* imponis. Gnrncttc tua\' And in the end
thereof, Black we I bespi inkles it with his bless-
ing, saying, ' Traciatus iste, valde doctus et
vtrc pius, et Catholicus est ; certe S. Scrip-
turaru.n, patruui, doctorum, scholasticoruin,
cnncr.ii-taruin, et oj -rimaruiu rationum nnesi-
diis plenissime firmat rcquitatcin a?quivoca-
tif>i:i.r» ; ideoque dignisaimus eat qui typispro-
* pagelur, ad cousolaiionem aitlictorum Cutho-
1 lieorum, et omnium piorum instructiontm.'
That is, * This Treatise is very learned, godly,
* and Catholick, and doth most fully confirm
the equity c.f equivocation, by strong proofs
out of ho'y Scriptures, fathers, doctors,
schoolmen, canonists, and soundest reasons ;
and therefore worthy to be published* in
priut, for the comfort of afflicted Catholick*,
and instruction of all the godly.'
Now, in this Book theie is propositi menta-
Us, ve; bulls, hcripta, and mixta; distinguishing
tices; yet so, that it concerned only such as
were made priests sithence her majesty caihe-
to the crown, and not before.
Concerning the execution of these laws, it is
to be observed likewise, that wheieas in the
quinquenuy, the live tears of queen Mary,
there were cruelly put to death about 300 per-
sons for religion ; in all her majesty's time by
the space of 44 years and upwards, there were
lor treasonable practices executed, iu all not
150 pncs'.s, nor abote hvo receivers and har-
Ixmrvrs of them ; and for religion not any one.
And here by the way, I desire those of parlia-
ment to observe, that it is now questioned and
doubted, whether the law of recusants and re-
conciled persons do hold for Ireland also,
and the pans beyond the seas: that is, whe-
ther such as were there reconciled be within
the compass o( the statute or not, to the end it
may be cleared and provided for.
Now against the usurped power of the see of
Home, we have of former times about 13 se-
veral acts of parliament : so thut the crown
mid the king of England is no ways to be
drawn under the government of any foreign
i>ower wliR' Soever, neither oweth duty to any,
but is immediately wider God himself. Con-
cerning the pope, for 33 of (hem, namely unto
by\\ ester, they were famous martyrs. But
* Quicunque desiderat primatum in ttrris, in-
' vtukt confusiouom in crrlis :' He that desires
primacy upon earth, shall surely find confusion
in hea\en.
5. The fifth Consideration is of the end,
which was to biing a final and fatal confusion
upon the state, lor howsoever they sought to
shadow their impiety with the cloke of ri-li-
£io n, yet they intended to breed a confusion
tit to get new alterations; for they went to
join with Romish Catholicks, and discontented
persons.
(5. Now the sivth point, which is the means
to compass and work these designs, were damn-
able- : by mining, by 3(5 barrels of powder,
hating crows ot iron, stones and wood laid
v.pou the ban els to have made the breach the
gi< HliT. Lord, what a wind, what a fire, what
a motion and coin-notion of earth and air
would there hate Ken ! But as it is in the
book o!' Km"!;, when Klias was in the cave of
the mount lloreb, and that he was called forth
to tiaud before the Lord, behold a mighty
stroi.g wind rent the mountains, and brake the
aock« : ' sed nnn in vuito Domiuu?,* ' but the
Lord was not in the wind.' .And after the
wind, came a commotion of the earth and air;
* Et lion iu commotione Dominus,* 4 the Lord
wns not iu that commotion ;' ami after the
commotion came lire ; ' et non in igne Duini-
4 nus,* * the Lord was not in the tire/ So
neither was God in auv part of this monstrous
action. The authors whereof were in this re-
■pect worse than the \ery damned spiiit of
Dives, who, as it is in the gospel, desired that
Others should not come * iu locum tormento-
xum/
7. The next coniideration is, the secret con-
IS I ] STATE TRIALS, 3 James I. 1 600.— w the Gunpowder Plot.
[184
of a mental, a verbal u written, and a mixed
proposition ; a very labyrinth to lead men into
error and falshood. — For example, to give you
a little taste of this art of cozening : A man is
asked upon his oath this question, Did you see
such a one to-day ? He may by this doctrine
answer, No, though he did see him, viz. re-
serving this secret meaning, not with purpose
to tell my Lord Cluef Justice : Or, I see him
not vhiima beatified, or, not in Venice, &c.
Likewise to answer thus ; I was in the com-
pany ; reserving and intending secretly as
added, this word not : As Strange the Jesuit
did |o my Lord Chief Justice and myself.
Take one or two of these out of that very book,
as for purpose : A man comet h unto Coventry
in time of a suspicion of plague, and at the
gates the officers meet him, and upon his oath
examine him : Whether he came from London
©r no, where they think certainly the plague to,
be : This man knowing for certain the plague
not to be at London, or at least knowing that
the air is not there infectious, and that he only
rid through some secret place of London, not
utaying there, may safely swear, he came not
from London ; answering to their final inten-
tion in their demand, that i«, whether he came
•o from London that he may endanger their
city of the plague, although their immediate
intention were to know, whether he came from
London or no. That man, saith the book, the
very tight of nature would clear from perjury. —
In like manner, one being convented in the
bishop's court, because he refused to take such
a one to his wife, as he had contracted with,
per verba de prase nti, having contracted with
another privily before, so that he cannot be
husband to her -that claimeth him ; may an-
swer, That he never contracted with her per
verba de pnrsenti : understanding that he did
not so contract that it was a marriage: for
that is the final intention of the judge, to know
whether there were. a sufficient marrjage be-
tween them or no.
Never did father Cranmer, father Latimer,
father Ridley, those blessed martyrs, know
these shifts, neither would they have used them
to have saved their lives. And surely let every
good man take heed of such jurors or witnesses,
there being no faith, no hond of religion or ci-
vility, no conscience of truth in such men ; and
therefore the conclusion shall be that of the
prophet David, ' Domine libera animam meam
' a labiis iniquis et a, lingua dolosa ;' * Deliver
' me, O Lord, from lying lips, and from a de-
' ceitful tongue.'
S. P. Q. It. was sometimes taken for these
words, Setiatus Popu/usguc Homanus ; The
Senate and People of Home : but now they
may truly be expressed thus, Stultus Populux
qrtttrit Rotnam ; A foolish People that runneth
to Rome. And here was very aptly and de-
lightfully inserted and related the apologue or
tale of the cat and the mice : The cat having a
long time preyed upon the mice, the poor crea-
tures at last, for their safety, contained them-
selves within their holes ; but the cat finding
his prey to cease, as being known to the mice,
that he was indeed their enemy and a cat, de-
viseth this course following, viz. change th his
hue, getteth on a rf ligious habit, shaveth his
crown, walks gravery by their holes : And yet
I)erceiving that the mice kept their holes, and
ooking out, suspected the worst, he formally,
and father-like, said unto them, * Quod fuerarn
' non sum, frater ; caput aspice tonsum !' ' Oh
' brother, I am not as you take me for, no more
' a cat; see my habit ami shaven crown I9
Hereupon some of the more credulous and bold
among them, were again, by this deceit,
snatched up ; and therefore, when afte rwards
he came as before to entice them forth, they
would come out no more, but answered, ' Cor
* tibi restat idem, vix tibi pnesto fidem ;* ' Talk
' what you can, we will -never believe you, you
* have still a cat's heart within you.* You do not
watch and pray, but you watch to prey. And
so have the Jesuits, yea, and priests too, for
they are all joined in the tails tike Sampson's
foxes, Kphraim against Man asses, and Ma-
nasses against Ephramn, but both against Judab.
8. The hist consideration is concerning the
admirable Discovery of this treason, which was
by one of themselves, who had taken the oath
and sacrament, as hath been said, against his
own will : the means was by a dark and doubts
ful letter sent to my lord Mounteagle *.
And thus much as touching the Considera-
tions : the Observations follow, to be considered
in this Powder-Treason, and are briefly thus:
1. If the cellar had not been hired, the mine*
work could hardly, or not at all lwive been dis-
covered ; for the mine was neither found nor
suspected until the danger was p:tst, and the
capital offenders apprehended, and by them-
selves, upon examination, confessed. 2. How
the king was divinely illuminated by Almighty
God, the only ruler of princes like an Angel of
God, to direct and point as it were to the very
place, to cause a search to be made there, out
of tho*c d.irk words of the letter concerning a
terrible blow. 3. Observe a miraculous acci-
dent which befel in Stephen Littleton's house,
called Iiolbach in Staffordshire, after they had
been two days in open rebellion, immediately
before the apprehension of these traitors : for
some of them standing by the fire-side, and
haying set two pound and an half of powder to
dry in a platter l»efore» the fire, and underset
the said platter with a great linen bag full of
other powder, containing some fifteen or six-
teen pounds ; it so fell out, that one coming to
put more wood into the fire, and casting it on,
there flew a coal into the platter, by reason
•whereof the powder taking fire and blowing up,
scorched those who were nearest, as Catesby,
Grant, and Rookwood, blew up the roof of the
house : and the linen- bag which was set under
the platter being therewith suddenly carried
out through the breach, fell down in the court-
* The Letter to lord Mounteagle is inserted
in king James's Account of the Discovery of the
Gunpowder Plot, which follows this Case.
lvS3] STATE TRIALS, 3 James I. 1606.— 77/4? Trials of the Conspirators [184
var,d wliole and unfired ; which if it had took fire was spoken of the? Jesuits nnd priests, so they all
in the room, would h:;ve slain them nil there, were joined in the ends, like Sampson's Foxes
so that they never sh *nld have come to this
trial : and ' Lex justior nulla est, quam necis
' artifices arte perire sua ?' 4. Note, that gun-
powder was the invention of a fryer, one of the
Romish rabble, as printing was of a soldier. 5.
Observe the sending of Bainham, one of the
damned crew, to the high-priest of Rome, to
give signification of this blow, and to crave hi*
direction and aid. 6. That for all their stir-
ring and rising in open rebellion, und notwith-
standing the false rumours given out by them,
'Hint the throats of all Catholicks should be
cut ; such is his majesty's blessed government,
and the loyalty of his subjects, as they got not
nny one man to take their parts besides their
own company. 7. Observe, the sherilf, the
ordinary minister of justice, according to the
duty of h:s oftice, with such power as he oil a
sudden by law collected, suppressed them. 8.
That God suffered their intended mischief to
come so near the period, as not to be discover-
ed, but within few hours before it should have
been executed. 9. That it wa* in the entering
of the Sun into the Tropick of Capricorn when
they began their mine ; noting, that by mining,
tliey should descend ; and bv hanging, ascend.
10. That there never was any Protestant mi-
nister in any treason and murder as yet at-
tempted within this realm.
T am n.nv come to the last part, which I pro-
posed in the beginning of this discourse; and
that i*, touching certain compare ms of this
Powder-Trcusun of the Jesuit*, with that of
Rakish, and the other of the priests Watson
and Clarke. 1. They had all one end, and
that wn& the ltomi>h Catholick cause. 2. The
same means, by Popish and discontented per-
sons, priests and lay- men. 3. They all plaid
at hazard ; the priests were at the bye, Raleigh
at the main, but these in at all ; a» purposing
to destioy all the king's royal is»uc, and withal
the whole estate. 4. They were all alike ob-
liged by the same oath and >ucrament. ,5.
The same proclamations were intended, after
the fact, to be published for reformation of
abuses. C. The like army pmxided for inva-
ding, to laud at Milford-Ha\en, or in Kent.
7. The same pensions of crowns promised.
8. The agreeing of the times of the treason of
Raleigh and these men, which was whin the
constable of Spain was coming hither : and
Raleigh said, thv»re could bo no suspicion of
any invasion, seeing that the constable of Spain
was then expected for a tteaty of peace ; and
the navy might be brought to the Croyn under
pretence of the service in the Low-Countries.
in the tails, howsoever severed in their heads.
The conclusion shall be from the admirable
clemency and moderation of the king, in that
howsoever these traitors have excteded all
others their predecessors in mischief, aud so
' Crescentc malitia, cresccrc dobuit et pama ;'
yet neither will the king exceed the usual pu-
nishment of law, nor invent any new torture or
torment- fur ihem ; but is graciously pleased to
afford them as well an ordinary coui>e of trial,
as an ordinary punishment, much inferior to
their offence. And surely worthy of observa-
tion i$ the punishment by law provided and ap-
pointed lor High-Treason, which we call crmtn
l(csa tiwjtstutts. For first after a traitor hath
had his just trial and is convicted and attaint-
ed, he shall have his judgment to be drawn to
the place of execution from his prison as being
not worthy any more to tread upon the face
of the earth whereof he was made : also tor that
he hath been retrograde to nature, therefore is
he drawn backward at a horse-tail. And
whereas God hath made the head of man the
highest and most supreme part, as being his.
chief grace and ornament, * Pronaque cum
* spec tent aniinalia ccetera terrain os hoinini
* sublime dedit ;' he roust be drawn with his
head declining downward, and lying so near the
ground as may be, being thought unfit to take
benefit of the common air. For which c«iuse
also he shall be strangled, being hanged up by
the neck between heaven and earth, as deemed
unworthy of both, or either ; as likewise, that
the eyes of men may behold, and their hearts
contemn him. Then is he to be cut down
alive, and to have his privy parts cut off and
burnt before his face a& being unworthily begot-,
ten, and unfit to leave any generation alter him.
His bowels and inlny'd parts taken out and
burnt, who inwardly had conceived and luir-
boured in his heart such horrible treason. Af-
ter, to have l.is head cut off, which had imagi-
ned the mischief. And lastly his body to be
quartered, and the quarter* set up in some high
and eminent place, to the view and detestation
of men, and to become a prey for the fowls of
the air.
Aud this is a reward due to traitors, whose
hearts be hardened : For that it is phytic of
state and government, to let out corrupt' blood
from the heart. But, • Po>nitentiu vera nun-
« quam, stra sed puMiitentia sera raro vera/
True repentance is indeed never too late : but
late repentance is seldom found true : Which
vet 1 pray the merciful Lord to grant unto them,
that having a sense of their offences, they may
were hanged for words than for deeds. And
before Raleigh's treason was discovered, it was
reported in Spain that Don Raleigh and Don
Cobhain should cut the king of England's
throat.
I say not, that we liave any proofs, that
these of the Powder- Plot wen* acquainted with
Raleigh, or Raleigh with them : but as before
And KaU-iirh further said, That many more ''make a true and sincere confession both for
their souls health, and for the good nnd safety
of the king and this state. And for the rest
that are not yet apprehended, my prayer to
(tud is, ' Ut aud couvertantur ne pereant, aut
* confundantur ne noceant ;' that either they
may be converted, to the end they perish not,
or el*e confounded, tlint they hurt not.
Alter this, by the direction of master At tor*
185]
STATE TRIALS, 3 James I. 1(306.— in the Gunpowder Phi.
[180
ne) -General, were tlieir several examinations
(subscribed by ttieinselves) shewed purticularly
unto them and acknowledged by them to be
their own, and true, wherein every one had
confessed the treason. Then did master Attor-
ney desire, That albeit that which had been
already done and confessed at the bar, might
t« all-sufficient for the declaration and justifica-
tion of the course of justice then held, especi-
ally seeing we have reus confitcntcs, the traitors
<mn voluntary confessions at the bar ; yet for
further satisfaction to so great a presence and
■udience, and tlieir better memory of the car-
riage of these treason?, the voluntary and free
confessions of all the said several traitors in writ-
mi: subscribed with their own proper hands, and
acknowledged at the bar, by themselves to be
true, were openly and distinctly read ; By
which, amongst other tilings, it appeared that '
Bates was absolved for what he undertook con-
cerning the Powder- treason, and being therein
warranted' by the Jesuits. Also it appeared,
that Hammond <he Jesuit, after that he knew
the Powder- treason was discovered, and that
these traitors had been in actual rebellion, con-
fessed them, and gave them absolution : and
tins was on Thursday the 7 th of November.
Here also was mention made by master
Attorney of the Confessions of Watson and
Clarke, seminary priests, upon their apprehen-
sion ; who affirmed, that there was some trea-
son intended by the Jesuits, and then in hand ;
as might appear. 1. By their continual nego-
tiating at that time with Spain, which they
inured themselves tending to nothing but
a preparation for a foreign commotion. 2. By
their collecting and gathering together such
great sums of money, as then they had done,
therewith to levy an army when time should
lerte. 3. For that sundry of the Jesuits had
been tampering with Catholicks, as well to
«hwade them from acceptance of the king at
hia first coming, saying, That they ought rather
to die than to admit of any heretick (as they
cwiinually termed his majesty) to the crown ;
ut that they might not, under pain of excora-
tt3Bcation, accept of any but a Catholick for
'Aft? sovereigns; as also to dissuade Catholicks
ft* their loyalty after the state was settled.
I«Jt. In that they had both bought up store
of treat horses throughout the country, and
conveyed powder and shot, and artillery se-
'Tttly to their friends; wishing them not to stir,
Ut keep themselves quiet until they heard
faro them.
After the reading of their several Examina-
tions, Confessions, and voluntary Declarations
*tt<*U of themselves, as of some of their dead
Confederates, they were all by the Verdict of
fht jury found Guilty of tlie Treasons contained
•a (nt-ir Indictment. And then being severally
fcktd. What they could say, wherefore Judg-
btit of Death * should not be pronounced
toinst them ? there was not one of these (<>*-
(1* Kookwood) who would make any con-
rm<*d speech either in defence or extenuation
of tlie fret.
Thatnat Winter only desired, that he might
be hanged both for his brother and himself.
Guy Fawkes being asked, Why he pleaded
Not Guilty, having nothing to ' say for his ex-
cuse : answered, That he had so done in res-
pect of certain conferences mentioned in the
indictment, which he said that he knew not
ot': whicii were answered to have been set
down according to course of law, as neces-
sarily presupposed before the resolution of
such a design.
Keyt said, That his estate and fortune wero
desperate, and as good now as at another time,
and for this cause rather than for another.
Bates craved mercy. — Robert Winter, mercy.
John Grant was a good while mute ; yet
after, submissively said, he was guilty of a con-
spiracy intended, but never effected.
But Ambrose Rookv,ood first excused his de
nial of the Indictment, fur that he had rather
lose his life than give it. Then did he acknow-
ledge his offence to be so heinous, that he justly
deserved the indignation of the king, and of the
lords, and the hatred of the whole common-
wealth ; yet could he not despair of mercy at
the hands of a prince, so abounding in grace
and mercy : and the rather, because his offence,
though it were incapable of any excuse, yet
not altogether incapable of some extenuation,
in that he had been neither author nor actor,
but only persuaded and drawn in by Catesby.
whom he loved above any worldly man : and
that he had concealed it not for any malice to
the person of the king, or to die state, or for
any ambitious respect of his own, but only
drawn with the tender respect, and the faithful
and dear affection he bare to Mr. Catesby his
friend, whom he esteemed dearer than any
thing else in the world. And this mercy he
desired not for any fear of the image of death,
but for grief that so stiameful a death should
leave so perpetual a blemish and blot unto all
ages, upon his name and blood. But howso-
ever that this was his first offence, yet he hum-
bly submitted himself to the mercy of the king;
and prayed that the king would herein imitate
God, who sometimes doth punish corporaliter,
non mortalitert corporally, yet not mortally.
Then was related how that on Friday imme-
diately before this Arraignment, Robert Win-
ter having found opportunity to have confer-
ence with Fawkes in the Tower, in regard of
the nearness of their lodgings, should say to
Fawkes, as Robert Winter and Fawkes con-
fessed, thot he and Catesby had sons, and that
boys would be men, and that he hoped they
would revenge the cause; nay, that God would
raise up children to Abraham out of stones: also
that they were sorry, that nobody did set forth
a defence or auology of their action, but yet
they would maintain the cause at their deaths.
Here also was reported Robert Winter's
dream, which he had before the blasting with
powder in Littleton's house, and which he him-
self confessed and first notified, viz. That he
thought he saw steeples stand awry, and within
those churches strange and unknown iuc*?.
187] STATE TRIALS, 3 James I. 1600.— TIte Trials oftlic Conspirators [13«
And after, when the foresaid blast had the dav
following scorched divers of the confederates,
and much disfigured the faces and counte-
nances of Grant, Itook wood, and others ; then
did Winter call to mind his dream, and to his
remembrance thought, that the faces of his
associates so scorched, resembled those which
he had seen in his dream.
Then was sir Evcrard Digby arraigned, and
after his Indictment was read; wherein he
was charged, not only to have been acquainted
with the Powder-treason, and concealed it,
and taken the double oath of secrecy and
constancy therein, but likewise to have been
an actor m this conspiracy ; and lastly to have
exposed, and openly shewed himself in the re-
bellion in the country amongst the rest of the
traitors. All which after he had attentively
heard and marked, knowing that he had con-
fessed it, and the strength and evidence of the
proofs against hiin, and convicted with the tes-
timony of his own conscience, shewed his dis-
position to confess the principal part of the
said Indictment, and so began to enter into a
discourse. But being advertised that he must
first plead to the Indictment directly, either
Guilty, or not Guilty ; and that afterwards he
should be licensed to speak his pleasure; he
forthwith confessed thetreason contained in the
Indictment, and so fell into a speech, whereof
there were two parts, viz. Motives, and Peti-
tions. The first motive which drew him into
this action, was not ambition or discontentment
of his estate, neither malice to any in parlia-
ment, but. the friendship and love he bare to
Cattv-hy, which prevailed so much, ami was
so powerful with him, as that for his sake he
was ever contented and ready to hazard him-
self and his estate. The next motive, was the
cause of religion, which alone, seeing (as he
said) it lay at the stake, he entered into reso-
lution to neglect in that, behalf, his estate, his
life, his name, his memory, his posterity, and
all worldly and e>»rthlv felicity whatsoever ;
though he did utterly extirpate, and extinguish
all other hopes f>r the restoring of the Catho-
lick Religion in Knfjand. His third motive
was that promi«cs were broken with the
Catholirks. And lastly, that they generally
feared harder laws from this parliament against
recu^ms, as that recusants wive*, and women
should be liable to the mulct as well ns their
husb'in.ls and men. And further, tint it was
suppled, that it should be made a pr<r.minirct
unlv to be a Catholick.
Mis Petitions were, That sithence his offence
was confined and contained within himself,
that the punishment also of the same might
extend only to himself and not to be transferred
either to his wife, children, sisters, or other :
and therefore for his wife he humbly craved,
that she mi'jht enjoy her jointure ; his son the
benefit of an cnt»il made long before any
thought of this action; his sisters, their jnst
and due portions, which were in his hands ; his
creditors their rightful debts, which that he
might more justly set down under his band, he
requested that before his death, his man (who
was better acquainted both with the men, and
the particulars than himself) might be licensed
to come unto him. Then prayed he pardon of
the king and lords for his guilt. And lastly he
entreated to be beheaded ; desiring all men to
forgive him, and that his death might satisfy
them for his trespass.
To this speech forthwith answered sir Ed-
ward Coke, Attorney-General, but in respect of
the time (for it grew now dark) very briefly :
1. For his Friendship with Catesby, that it
was mere folly and wicked conspiracy. 2. His
Religion, error, and heresy. 3. His Promises,
idle and vain presumptions, as also' his Fears,
false alarms, concerning wives that were recu-
sants, if they were known so to be before
their husbands (though they were good Protes-
tants) took them, and yet for outward and
worldly respects whatsoever, any would match
with such ; great reason there is that he or
thev should pay for it, as knowing the penalty
anrJ burden before: for 'volenti et scienti
'non sit injuria ;' no man receives injury in
that,, to which he willingly and knowingly
agreeth and consenteth. But if she were no
recusant at the time of marriage, and yet after-
wards he suffer her to be corrupted and se-
duced, by admitting priests and romanists
into his house ; good reason likewise that he,
be he papist or protestunt, should pay for his
negligence and misgovcrnment. — 1. Concern-
ing the Petitions for wife, for children, for
sisters, &c. O how he doth now put on the
bowel* of nature and compassion, in the peril
of his private and domestical estate ! But
before, when the publick state of his country,
when the kirn.;, the queen, the tender princes,
the nobles, the whole kingdom were designed
to a perpetual destruction ; where was then
this piety, this religious affection, this care ?
All nature, all humanity, all respect of laws
both divine and human, were quite abandoned;
thru was there no conscience made to extir-
pate the whole nation, end all for a pretended
zeil to the Catholick Religion, and the jus-
tification of so de-tf stable and damnable a fact.
Here did Sir Ercrard Dighi/ interrupt Mr.
Attorney, and said, that he did not justify the
fact, but confessed that he deserved the vilest
death, and most severe punishment that might
be : but lie was an bumble petitioner for mer-
cy, and some moderation of justice. — Where-
upon Mr. Attorney replied, that be should not
look by the king to be honoured in the manner
of his divith, having so far abandoned all reli-
gion and humanity in his action : but that he
was rather to admire the great moderation
and mercy of the king, in that for so exorbitant
a crime, no new torture answerable thereunto
was devised to be inflicted upon him. And fir
his wife and children, whereas he said that for
the Catholick cause he was content to neglect
the ruin of himself, his wife, his estate, and all ;
he should have bis desire as it is in the Psalm,
' Let his wife be a widow, and his children
4 vagabonds, let his posterity be destroyed, auct
189]
STATE TRIALS, 3 James I. 1600.— in the Gunpowder Plot.
[190
1 in the next generation let his name be quite
4 put out.' For ihe paying of your creditors, it
is equal and just; but yet lit the king be iirst
satiatied and paid, to whom you owe so much,
a* that all you have is too little : yet these
things inust be left to the pleasure of his ma-
jesty, and die course of justice and law.
Earl of Northmnuton. You must not hold it
finny* v, sir Everaru Digby, though at this time
being presided in duly, conscience mid truth, I
do not suffer you to wander in the labyrinth
wt your own idle conceits, without oppo-
ation, to seduce others, as yourself have been
seduced, by false principles, or to convey your-
srif by charms of imputation, by clouds of
error, and by shifts of lately tjeyised equivo-
cation, out of that straight \t herein your late
fecure and happy fortune hath been unluckily
entangled, but yet justly surprized by the rage*
nut re\ euge vf\our own rash humours. If in
this crime (uioio horrible than any man is able
to express) I could lument the estate of any
person upon earth, I could pity you ; but
thank yourself and»your bad counsellors for
leading you into a crime of such a kind, as no
Itss benunibeth in all faithful, true and honest
men, the tenderness of affection, than did in
?ou the sense of all humanity. — That you were
once well thought of and esteemed by the late
queen, I can witness, having heard her speak
of you with that grace, which might have en-
couraged a true gentleman to have run a better
course. Nay, 1 will add fuither, that there
•as a time wherein you were as well affected
to the king our master's expectation, though
perhaps upon false rumours and reports, that
be would have yielded satisfaction to your un-
f robahle and vast desires ; but the seed that
wanted moisture (as our Saviour himself re-
portetlij took no deep root : that zeal which
Lath no other end or object than the plcn&iug
of itself, is quickly spent; and Trajan, that
worthy and wise emperor, had reason to hold
kimself discharged of all debts to those that
kad offended more by prevarication, than they
Ovid ever deserve by industry. — The grace
*i goodness of his majesty in giving honour
ska first coming unto many men of your own
flfcetion, axid (as I think) unto yourself; his
fauty in admitting all without distinction of
Trojan or of Ty rian, to his royal presence, upon
ja« occasions of access; his integrity 1n setting
open the irate of cml justice unto all his sub-
jects equally and indifferently, with many other
Urour* that preceded by the progression of
ftaie; arc so palpable and evident to all
men, that lime cither eyes of understanding,
or understanding of capacity, as yourself and
•any others have been driu-n of late to excuse
tad "countenance your execrable ingratitude
•idi a tlil-ic and scandalous report of s Jine fur-
•W hope and comfort yielded to ti»e Catho-
IkU for toleration or connivance, before his
(cuing to the crown, than miicc hath been
perf'rfujed, made good or satisfied. — 1 am not
ipu#rant, that lJ»i* seditious and false alarm
*m1i awaked ■"** incited uiany working spirits
to the prejudice of the present state, that
might otherwise have slept as before with si-
lence and sufferance ; it hath served for a
shield of wax against a sword of power : it nath
been used as an instrument of art to shadow
false approaches, till the Tmjan horse might
be brought within the walls of the parliament,
with a belly stuffed, not as in old time with
armed Greeks, but with hellish gunpowder.
But howsoever God had blinded you and others
in this action, as he did the king of Egypt and
his instruments, for the brighter evidence of
his own powertul glory ; yet every man of un-
derstanding could discern, that a prince whose
judgment had heen iixed by experience of so
inau y years upou the poles of the North and
the Suuth, could not shrink upon the sudden :
ne nor since with fear of that combustion which
Catesby that -arch-traitor, like a second Phae-
ton, would have caused in an instant in all the
elements.' His majesty did never value for-
tunes of the world, in lesser matter than reli-
gion, with the freedom of his thoughts : he
thought it no safe policv (professing as he did,
and ever will) to call up more spirits into
the circle than he could put down again ; he
knew, that ornne regnum in ae divisum desotabi-
tar, philosophy doth teach, that whatsoever
any man may think in secret thought, that where
one doth hold of Cephas, another of Apollo,
openly dissension ensues, quod insitum aiieno
solo est, in id quo ulitur natura vtrtenle dege-
nerat ; and the world will ever apprehend, that
Quorum est commune xymbolum, Jacillimus ett
transitu*. — Touching the point itself of promis-
ing a kind of toleration to Catholics, as it was
divulged by these two limbs of Lucifer, Watson
and l'eicy, to raise a ground of practice and
conspiracy against the state and person of our
dear sovereign, let the kingdom of Scotland
witness for the space of so many years before
his coining hither, whether cither flattery or
fear, no, not upon that enterprize of the 17th
of Nov. which would have put the patience of
any prince in Europe to his proof, could draw
from the king the least inclination to this dis-
pensative indifference, that was only believed,
because it was eagerly desired. — Every man
doth know how great art was used, what strong
wits sublimed, how many ministers suborned
and corrupted many years both in Scotland and
in foreign parts, to set the king's teeth an edge
with fair promises of future helps and supplies,
to that happy end of attaining his due right in
KpfJ-.ind, when the sun should »et, to rise more
ul-Tiously in the same hemisphere, to the won-
der Inith of this inland and of the world. But
ail in \a'-n ; iorjac/a crat a Ira, the king's coin-
puss had been set before, mid by a more cer-
tain rul'-, and thev were commonly cast off as
forlorn hopes in the king's favour, that ran a
eorrte ef milking themselves in the foremost
front iiiTiireiun correspondency. — Upon notice
«jii en to his majesty from hence some vetirs be-
fore the death of the late queen, that many men
were ^nmn suspicious of his religion, by tu-
rnouts spread abroad, that tome of those in fo-
191] STATE TRIALS, 3 James I. 1000.— We Triak of the Conspirators [192
were subject, both in points of faith, and limi-
tation of loyalty : And last of all, forcasting to
' what end their former protestation would come,
when present satisfaction should shrink ; he
was ever fearful to embark himself for any far-
ther voyage and adventure in this strait, than
Ins own compass might steer him, and his judg-
ment level him. — If any one green leaf for Ca-
tholics could have been visibly discerned by the
eye of Catesby, Winter, Garnet, Fawkes, &c.
they would neither have entered into practice
with foreign princes during the queen's time for
prevention ot the king's lawful and hereditary
right, nor have renewed the same both abroad
and at home by missions and combinations,
after his majesty was botli applauded and enter-
ed.— It is true, that by Confessions wc find,
that false priest Watson, and arch traitor Percy,
to have been the first devisers and divulgcrs of
this scandalous report, us an accursed ground,
whereon they might wiih some ail vantage, as it
was conceived, build the castles ot their < xmspi-
nicy. — Touching the first, no nun tun speak
more sound 'y to the point thrui myself; *t,« be-
ing sent into tho pnsin by the king to « hirge
him with this fake alarm, only two d:iv« before
his death, and upon hi? soul lo n.ess him in the
presence of God, and as lie would answer it at
another bar, to con less directly whether at
( it her of both these times he had access unto
his majesty at Edinborough, his majesty did
give him auy promise, hojie or comfort of en-
courage aicnt to Catholics concerning toleration ;
he did there piotest upon his soul that he could
ni?ver win one inch of ground, or draw the
smallest comfort from the king in those degree?,
nor further than that lie would have them ap-
prehend, th-.it as he w:«s a stranger to this state,
so til! he understood in all points how those
matters stnoj, he would not promise favour any
way ; but did protest lh.it all the crowns and
_ kingdoms in this world, should not induce him
to 'hange any jot of his profession, which was
the pasture of bis soul, and earnest of his eternal
inheriunee. He did conilj.s i hat in very deed, to
keep tip the hearts of Catholic* in love ami duty
to tiie king, lie had imparted the king** won Is to
many, in abetter tune, and a higher -vind of
descant, that: his hook of plain song did direct;
because he knew that others like sly barren en
looked that way, when their stroke was bent
another way. For this he crated pardon of the
king in humble manner, and tor his main {rea-
sons of a higher nature than these figures of
hypocrisy; and seemed penitent, as well for
the horror of his crime, as for the falsehood
of bis whisperings. — It hindered not tin* satis-
faction which may he given to Percy's shadow
(the most desperate fioutefeu in the pack),
that as he died impeuiienr, for any thing we
know : so likewise he died silent in the jumicu-
lars. For first, it is not strange that such a
traitor should devise so scandalous a slurder
out of the malice of his hrart, intending to
dt stroy the king by any means, and to advance
all means that might remove obstructions and
impediments to the plot of gunpowder. Th«
reign parts, that seemed to be well affected to
his future expectation, had used his name more
audaciously, and spoken of bis favour to the
Catholics more forwardly than the king's own
conscience and unchangeable decree could ac-
knowledge or admit (either with a purpose to
prepare the minds of foreign princes, or for a
practice to estrange and alienate affections at
home) hot only utterly renounced and con-
demned these encroachments of blind zeal, and
rash proceedings, by the voices of his own mi-
nisters, but was careful also for a caution to
succeeding hopes, so far as lay in him, that by
the disgrace of the delinquents in this kind, the
minds of all English subjects chiefly might be
secured, and the world satisfied. — No man can
speak in this case more confidently than myself,
that received in the queen's time, for the space
of many years, directions and warnings to take
heed, that neither any further comfort might he
given to Catholics, concerning future favours,
than he did intend, which was to hind all sub-
jects in one kingdom to one law, concerning
the religion established, howsoever in civil mat-
ters he might extend his favour as he found just
cause : nor any seeds of jealousy and diffidence
sown' in the minds of Protestants by Semeis and
Achitopheli, to make them doubtful of his con-
stancy, to whom he would confirm with his
dearest hlood, that faith which lie had sucked
from the breast of his nurse, apprehended from
the cradle of his infancy, and maintained with
his uttermost endeavour, affection and strength:
since he was more able out of reading and dis-
puting, to give a reason of those principles which
Le had now digested and turned i" nutriment.
—He that wrote the Book of Titles before the
late queen's death, declares abundantly by seek-
ing to possess some foreign prince of the king's
hereditary crowns, when the cause should come
to the proof, and may witness instead of many ;
what hope there was of the king's favour or af-
fection to Catholics in the case of toleration or
dispensation, with exercise of conscience. For
every man may guess that it was no slight or
ordinary degree of despair, that made him and
other of his suit renounce their portion in the
son and heir of that renowned and rare lady
Mary queen of Scotland, a member of the Ro-
man church ; as some did in David, Nut in no-
bit pars in David, nee hwrcditas in fdio hoi :
For hereof by letters intercepted in their pas-
sage into Scotland, the records and proofs are
evident. His majesty, so long as he was in ex-
pectation of that which by the work and trrace
of Cod lie doth now possess, did ever seek to
settle his establishment upon the faith of Pro-
testants in generality, as the most assured sheet,
anchor. For though he found a number on the
other side, as faithful and as wcll-affcctcd to
his person, claim and interest, as any men
alive, as well in respect of their dependency
upon die queen his mother, as foi the taste
which they had of the sweetness of himself; yet
finding with what strength of blood many have
been over-carried out of a fervency in zeal in
fonder timet, observing to what censures they
193]
STATE TRIALS, 3 James I. 1 606.— in the Gunpowder Plot.
[191
more odious that be could make him to the
party malecouteut, and the more sharply that
he could set the party mulccoiitent upon the
point and humour of revenge: the stronger
was his hope at the giving of the last blow, to
be glorified and justified. But touching tl»e
truth of the matters, it "ill be witnessed by
many, that this traitor Percy after both the
first and second return from the king, brought
to the Catholicks no spark of comfort, of en-
couragement, of hope; whereof no stronger
}i jof of argument doth need, than that Fawkes
and others were employed both into Spain
tod other parts, for the reviving of a practice
impended and covered, after Percy's coming
back ; as in likelihood they should not have
been, in case he had returned with a branch of
olive in his mouth, or yielded any ground of
comfort to resolve upon. — Therefore I thought
it thus far needful to proceed, for the clearing
of those scandals that were cast abroad, by
these forlorn hopes and graceless instruments.
It only remains that I pray lor your repentance
in this world for the satisfaction of many, and
forgiveness in the next world; for the saving of
yourself ; having bad by the king's favour so
Jong a time to cast up your account, before
jour appearance at the seat of the great auditor.
Then spake the Earl of Salisbury, especially
to that point, of his majesty's breaking of pro-
mise with Recusants, which was used and
urged by sir Everard Digby, as a motive to
draw biro to participate in this so hideous a
treason. Wherein bis lordship, after acknow-
ledgment that sir Everard Digby was his ally,
and having made a zealous and religious pro-
testation concerning the sincerity and truth of
that which he would deliver : sljortly and clearly
defended the honour of the king herein, and freed
h* majesty from all imputation and scandal of
irresolution in religion, and in the constant and
perpetual maintaining thereof; as also from
■King at any time given the least hone, much
kse promise of toleration. To which purpose
W declared how his majesty, as well before his
casing' to this crown, as at that very time,
md always since, was so far from making of
promise, or giving hope of Toleration, that he
eier professed he should not endure the very
notion thereof from any. — And here his lord-
ship shewed what was done at Uumpton<-Court
at the time of Watson's treason, where some
of tin* greater recusants were ronventcd: And
being found tlicn not to have their fingers in
treason, were sent away again with encourage-
Bent to persist in their dutiful carriage, and
tith promise only of thus much favour. That
those mean profit* which had accrued since the
iiajr** time to his majesty lor their recusancy,
ibould be forgiveu to the principal gentlemen,
| who had both at his entry shewed so much
loyalty, and had kept themselves so free since
from all conspiracies. — Then did his lordship
also (the rather to shew how little truth sir
Everard Digby 's words did carry in any thing
which he had spoken) plainly prove, that all
his protestations wherein he denied so con-
stantly to be privy to the Plot of Powder, were
utterly false, by the testimony of Fawkes (there
present at the bar) who had confessed, that
certain months before that session, the said
Fawkes being with Digby at his house in die
country, about what time there had fallen much
wet : Digby taking Fawkes aside after supper,
told him that n« was much afraid that the
powder in the cellar was grown dank, and that
some new must be provided, lest that should
ndt take fire. — Next, the said earl did justly
and greatly commend the lord Mountcagle for
his loyal and honourable care of bis prince and
com i try, in the speedy bringing forth of the
letter sent unto him; wherein he said, that he
had shewed both his discretion and fidelity.
Which speech being ended, Digby then ac-
knowledged, that he spake not that- of (he
breach of promise out of his own knowledge,
but from their relation whom he trusted; and
namely from sir Tho. Tresham.
Now were the Jury returned, who having
delivered their Verdict, whereby they jointly
found those seven prisoners, arraigned upon
the former Indictment, Guilty ; Serjeant Philips
craved Judgment against those seven upon
their conviction and against sir Everard Digby
upon his own Confession.
Then the Lord Chief Justice of England,
after a grave and prudent relation and defence
of the laws made by queen Elizabeth against
recusants, priests, and receivers of priests,
' together with the several occasions, progresses
and reasons of the same; and having plainly
demonstrated and proved that tbey were all
necessary, mild, equal, moderate, and to be
justified to all the world : pronounced Judg-
ment.
Upon the rising of the court, sir Erererd
Digby bowing himself towards the lord*, said,
If I may but hear any of your lordships say,
you forgive me, I shall go more cheartully to
the gallows. — W hereunto the lords said, God
forgive you, and we do.
And so according to the Sentence, on Thurs-
day following being the 30th of January, ex-
ecution was done upon sir Everard Digby,
Robert Winter, John Grant, and Thomas
Bates, at the West end of Paul's church ; and
on Friday following, upon Thomas Winter,
Ambrose Uookwood, UoWrt Keyes, and Guy
Fawkes, within the old Palace- Yard, at West-
minster, not far from the Purliaincut-llouse.
YOi. It.
O
195] STATE TRIALS, 3 James I. I606._7fc Trials of the Cotispu-ators [19G
The following History of the Gi:npowder-Plot, written by King James himself, it
extracted from the first Collection of his Works published during his life-time by
Mountague, Bishop of Winchester.
While this land and whole monarchy flou-
rished in a most happy aqd plentiful peace, as
well at home, as abroad, sustained and con-
ducted by these two main good pillars of ail
good government, piety and justice, no fo-
reign grudge, nor inward whispering of discon-
tentment any way appearing : the king being
upon his return from his hunting exercise at
Royston, upon occasion of the drawing near of
the parliament^time, which had been twice
prorogued already* partly in regard of the ^a-
son of the year, and partly of the term : as
the winds are ever stillest immediately before a
storm ; and, as the sun " bleaks often hottest to
foretel a following shower ; so, at that rime of
greatest calm, did this secretly hatched thun-
der begin to cast forth the first flashes, and
flaming lightnings of the approaching tem-
pest. For, the Saturday of the week imme-
diately preceding the king's return, which was
upon a Thursday, being hut ten days before
the parliament, the lord Mont eagle, son and
heir to die lord Morley, being in his own
lodgings ready to go to supper, at seven of the
clock at night, one of his footmen, whom he
had sent of an errand over the street, was
met by a man of a reasonable tall personage,
who delivered him a Letter, charging him to
put it in my lord liis master's hands ; which
my lord no sooner received, but that, havinz
broken it up, and perceiving the same to be of
an unknown, and somewhat unlc<:ible hanil,
and without either date or superscription, did
call one of his men unto him, for helping him
to read it. But no sooner Hid he conceive the
strange contents thereof, although he was some-
what perplexed what construction to make of
it/ns whether of a matter of consequence, as
indeed it was, or whether some foolirh devi«ed
pasquil by some of his enemies to scare him
from his attendance at the paiiiament, yet did
he, as a most dutiful and loyal subject, con-
clude net to conceal it, whatever might come
of it. Whereupon, notwithstanding the late-
ness and darkness of the night in iliat serson
of the year, he presently repaired to his ma-
jesty'?* palace at Whitehall, mid there delivered
the same to the earl of Salisbury, his majesty's
principal secretary. Whereupon, the suiti earl
of Salisbury having read the letter and heard
the manner of the coming of it to his hands, did
f;reaily encourage and commend my lord tor
lis discretion, telling him plainly, that, what-
soever the purport of the Letter might prove
hereafter, yet did this accident put him in
mind uf divers advertisements he had received
roni bcy.ind the seas, wherewith he hud ac-
quainted, as well the king himself, as divers of
his privy-counsellors, concerning some budUic.Ls
the Papists were in, both at home and abroad,
making preparations for some combination
amongst them against this parliament-time, for
enabling them to deliver at that time to the
king sojue petition for toleration uf religion,
which should be delivered in some such order,
and so well backed, as the king should be loth
to refuse their requests ; like the sturdy beggars,
craving alms with one open hand, but carrying
a stone in the other, in case of refusal. And
therefore did the earl of Salisbury conclude
with the lord Monteagle, that he would, in re-
gard of the king's absence, impart the same
Letter to some more of his majesty's council,
whereof my lord Monteagle liked well, only
adding this request, by way of protestation*
That whatsoever the event hereof might prove,
it should not he imputed to him, as proceeding
from too light atid too sudden an apprehension,
that he delivered this Letter ; being ouly
moved thereunto for demonstration of his
ready devotion, and care for preservation of
his majesty and the state. And thus did the
earl of Salisbury presently acquaint the lord
chambcrhun with the ^aid letter. Where-
upon they two, in presence of the lord
Monteagle, calling to mind the former intelli-
gence already mentioned, which seemed to
have some relation with this letter ; die tender
enre which they ever carried to the preserva-
tion of his majesty's person, made them ap-
prehended, that some perilous attempt did
thereby appear to be intended against the
same, which did the more nearly concern the
said lord chamberlain to have a care of, in re-
gard that it doth belong to tlic charge of his
omVc to oversee, as well all places of assembly
wiiere his majesty is to repair, as his highness f
own private houses. And therefore did the
said two counsellors conclude, that they should
join unto themselves three more* of the council,
to wit, the lord admiral, the earls of Worcester
and Northampton, to be also particularly ac-
quainted with this accident, who having all of
them concurred together to the re-examination
of the contents of the said letter, they did con-
clude, That, how slight a matter it might at
the first appear to l>e, yet was it not absolutely
lo be contemned, in respect of the rare which
it behoved them to ha\e uf the preservation of
his majesty's person: but, vet n solved for two
reasons, first, to acquaint the I in^j himself with
the same, before the* proceeded to any further
inquisition in the matter, ns well for the expec-
tation and experience they had of his majesty's
fortunate judgment, in clearing and solving ob-
scure riddles and doubtful mysteries; as also,
because tire more tune would, in the mean
tnne, be given for the practice to ripen, if any
was, whereby the di-»covciv might he more
clear and evident, and the ground of proceed-
ing thereupon more safe, just, and easy. And
so according to their determination did the
said earl of Salisbury repair to the king in hit
gallery upon Fiiday, bcinj; AlihallowVday, i*
1 97}
STATE TRIALS, 3 James I. \GOC}.—in the Gunpovdtr Plot.
tins
the afternoon, which was the day after his ma-
jest v^ arrival, and none but hinisc If being pre-
sent with his highness at that time, where,
without any other speech, or judgment given of
the Letter, hut only relating simply the fonn
of the delivery thereof, he presented it to his
majesty. The contents whereof follow :
' Aly Lord ; Out of the love I bear to some
1 of your friends, I liave a care of your preser-
' ration : therefore I would advise you, :is you
1 tender your life, to devise some excuse, to
• >bil t off your attendance at this parliament.
'For God and man have concurred to punish
'the wickedness of this time. And think not
1 slightly of this advertisement, but retire your-
'self into your country, where you may ex-
' pect the event in safety. For, though there
' be no appearance of any stir, yet I say, they
' shall receive a terrible blow tuis parliament,
< and yet they shall not see who hurts them.
• This counsel is not to be condemned, because
' it may do you good, and can do you no harm,
1 for the danger is past so soon as you have
'burnt the Letter; and I hope God will gi\o
' yon grace to make good use of it ; to whose
'holy protection I commend you/ *
Tiic king no sooner read the letter, but after
a little pause, and then reading it once n^ain,
lie delivered his judgment of it in such sort( as
* " Who IfTvas" observes Kennett, " that
wrote this Letter to the Lord Montcuglc was ne-
ver known, or how it came that king James sus-
pected its meaning to be what,it really was, is
in a great part a mystery to this day. Yet I
cannot gi\e myself lea\e to doubt, hut king
James had some light given him from Henry
4th of the designs of the Papists against hiin;
tor in the duke of Sully's Memoirs, there is
more than once mention made of some ' sudden
Blow' they intended in England about that
time : and in one Letter, k i i i iz. James is desired
to nice warning from the fate of Henry 3. 1
uc the more confirmed in this opinion, that in
the Harangue pronounced at Rome in praise
*i Ravilliac the Assassin of Henry 4, which
/its since been so often quoted by several au-
thors, both Papist and Protestant, as an argu-
ment that the Jesuits approved the murder:
it is there said, ' That Henry 1, was not. only
'an inveterate enemy to the Catholick religion
' in hu> heart, but had obstructed the glorious
• enterprizes of those that would have restored
1 it in England, and occasioned them to he
'crown'd with Martyrdom.' Now it's well
known, Garnet and the re&t that were executed
fcr the Guii-Powder-Plot, were reputed Mar-
tyrs for the ("athoKck cause by the college of
Jesuits ut Rome, where that Harangue was
pronounced.*' Sec also Welwood. — It is now
a common opinion that the above Letter to
lord Mounfeagle was sent by his sister Mary
the wife of Thomas Habington or Abingdon.
Some particulars of this family and of their
concern with the treasonable transactions in
tbc reigns of Elizabeth and James 1st. are to be
JimuJ ui Nash's History of Worcestei >hire.
I
he thought it was not to be contemned, for that
the sti!e of it seemed to be more quick and
)ithy, than is iiiuai to be in any pasquil or li-
>el, the superfluities of idle brains. But the .
earl of Salisbury, perceiving the king to appre-
hend it deeplier than he looked for, knowing
his nature, told him, that lie thought, by one
sentence in it, that it was like to be written by
some fool, or madman, reading to him this sen-
tence in it : ' For the danger is past, as soon as
you have burnt the letter ;' which, he said,
was likely to be the saying of a fool ; for, if
the danger was past, so soon as the letter was
burnt, then the warning behoved to be of little
avail, when the burning of the letter might .
make the danger to be eschewed. But the
king, on the contrary, considering the former .
sentence in the letter, 4 That they should re-
ceive a terrible blow at this parliament,1 and
yet should not see who hurt them, joining it to
the sentence immediately following, already .
nlledged, did thereupon conjecture, that the
danger mentioned should be some sudden dan-
ger by blowing up of powder ; for no other in-
surrection, rebellion, or wlintsoever other pri-
vate and desperate attempt could be commit- .
ted, or attempted, in time of parliament, and
the authors thereof unseen, except only if it
were by a blowing up of powder, which might
be performed by one base knave in a dark
4 corner : Whereupon he was moved to interpret
and construe the latter sentence iu the letter,
alltdged b) the earl of Salisbury, against all or-
dinary sense and construction in grammar, as
if by these words, ' For the danger is past, as
soon as you have burnt the letter ;' should he
closely understood the suddenness and quick-
ness of the danger, which should be as quickly
performed and at an end, as that paper should
be a blazing up in the lire ; turning that word
of * as soon' to the sense of ' as quickly ;* and
therefore wished, that, before his going to the
parliament, the under-rooms of the parliament-
house might be well and narrowly searched.
But, the earl of Salisbury wondering at this his
majesty's commentary, which he knew to be so
far contrary to his ordinary and natural dispo-
sition, who did rather ever sin upon the otner
side, in not apprehending, nor trusting due ad-
vertisements of pructices aud perils, when he
was truly informed of them, whereby he had
many times drawn himself into many desperate
dangers; and interpreting rightly this extraor-
dinary caution at this time to proceed from the
vigilant care he had of the whole state,. more
than of his own person, which could not but
have all perished together, if this desiimment
had succeeded, he thought good to dissemble
still unto the king, that there had been any just
cause of such apprehension ; and, ending the
purpose with some merry jest upon this sub-
ject, as his custom is, took bis leave for that
time. But, though lie seemed so to neglect it
lo his majesty, yet, his customable and watch-
ful care of the khi£ and the stale still boiling
within him, and having, with the blessed virgin
Mary, laid up in his heart the king's so strung*
199] STATE TRIALS, 3 James I. 1606.— The Trials qfthc Conspirators [200
judgment and construction of it, he could not
lie at rear, till he acquainted the foresaid lords
what had parsed between the king and him iu
private. Whereupon they were nil so earnest
to renew again the memory of the same pur-
pose to his majesty, that it was agreed, that he
should the next day, being Saturday, repair to
hi* highness; which he did in the same pi ivy
gallery, uud renewed the memory thereof, the
lord chamberlain then being present with the
king. At which time it was determined. Thar
the said lord chain bei lain should, according to
his custom and office, view all the parliament-
hou-cs, both above and LeloW, and consider
whut likelihood or appearance of any such
danger might possibly be gathered by the sight
of them : But yet, as well for btaying oF idle
rumours, as for being the more able to discern
any mystery, the nearer that things were in
readiness, his journey t hither was ordained to
be deferred till the afternoon before the sitting
down of the parliament, which was upon the
Monday following. At which time he (accord-
ing to this conclusion) went to the parliament-
house, accompanied with my lord Montcagle,
being, in zeal to the king's service, earnest and
curiou* to see the event of that accident,
whereof he had the fortune to be the first dis-
coverer ; where, having viewed all the lower
rooms, he found, in the vault, under the upper
house, great store and provisiou of billets, fag-
cots, and coals; and, inquiring of Whyneard,
keeper of the wardrobe, To what usehe had
{>ut those lower rooms and cellais? lie told
liin, That Thomas Percy had hired both the
house, and part of the cellar, or vault, under
the same ; and that the wood and coal therein
were the said gentleman's own provision.
Whereupon, the lord chamberlain, casting his
eye aside, perceived a fellow standing in a
comer there, calling himself the said Percy's
man, and keeper of that house for him, but in-
deed wa* Ouido Fuwke*, the owner of that hand,
which should have acted that monstrous tragedy.
The lord chamberlain, looking upon all
things with a heedful indeed, yet, in outward
appearance, with but a careless and racklcss
eye, as became so wise an 1 diligent a minister,
ho presently addressed himsi-lf to the king in
the said privy gallery ; where, in the presence
of the lord treasurer, the lord admiral, the earls
of Worcester, Northampton, and Salisbury, ho
made his report what he had seen and observed
there; noting, that Montcagle had told him.
That he no *oo:h.t heard Thomas Percy named
to be the po**i:^-ir of that hou-c, but, consi-
derinir both his bacJ.wardncss in religion, and
th«'oId dc:.riie.'.f in friendship between himself
and the v»id Percy, he did t: really suspict the
matter, joi \ th-.-t'the htt.-r >hmfd come from
him. The said l.ird chamberlain also told,
That l:e did not wonder a little at the extraor-
dinary great provision of wood ;:nd coal in that
IiuUmC, where Thotnai Percy had so seldom oc-
<: isiou to renin in ; as likewise it gave him in
his mind, th:tt his man looked like a tcrv tall
and dcr-i'crau tVIIvw.
This could not but increase the king's former
apprehension and jealousy ; whereupon, he in-
sisted, as before, That the house was narrowly
to he searched, and that those billets and coals
should be searched to the bottom, it being
most suspicious, that they were laid there only
for covering of the pov. der. Of this same mind
also were all the counsellors then present ; but
upon tl>e fashion of making of the search was
it long debated : For, upon the one side, they
were all so jealons of the king's safety, that
they all agreed, That there could not be too
much caution used for preventing his danger;
and yet, upon the other parr, they were all ex-
treme loth and dainty, that, iu case this letter
should prove to be nothing but the evapora-
tion of an idle brain, then a curious search
bemg made, and noihing found, should not
only uini to the (general scandal of the king
and the state, as being so suspicious of every
light and frivolous toy, hut likewise lav an ill-
favoured imputation upon the carl of Nor-
thumberland, one of his majesrv's greatest sub-
jects and counsellors, this Thomas Percy being
his kinsman and most confident familiar. Ami
the rather were they curious upon this point,
knowing how far the king detested to be thought
suspicious or jealous of any of his good subjects,
though of the meanest decree ; and therefore,
though they all agreed upon the main ground,
which was to provide for the security of the
king's person, yet did they much riilfer in the
circumstances, by which this action might be
best carried with least din and occasion of
slander. But, the king himself still persisting,
that there were dhers shrewd appearances, and
that a narrow search of those places could pre*
judge no man that was innocent, he at last
plainly resolved them', That either must all the
parts of those rooms be narrowly searched, and
no possibility of danger left unexamined, or else
he and they all must resolve not to meddle in it at
all, hut plainly to go the next day to the parlia-
ment, and leave the success to fortune; which,
he believed, they would be loth to take upon
their conscience ; for, in such a case as this,
an half-doing was worse than no doing at all.
Whereupon it was at last concluded, That
nothing should be left unsearchc.d in those
houses ; and yet, for the better colour and stay
of rumour, in case nothing were found, it was
thought meet, that, upon a pretence of Why
neard's missing some of the kind's stuff, or
hangings, which he hud in keeping, all tho*e
rooms should he narrowly ripped for them.
And, to this purpose, was sir Thomas Kncvet,
(a gentleman of his majesty's privy-chamber)
employed, being a just ire of peace in West-
minster, and <.i:e, of whose ancient fidelity
both the h:te queen ami our now sovereign
have had large proof; who, according to the
trust committed unto him, went, about the
midnight next after, to the parliament -house,
accompanied with such a small number as
was Jit for that errand: but, before his entry
in the house finding Thomas 1'ercy's alledued
man standing without the door*, his clothes and
201]
STATE TRIALS, 3 James L 1C06— in tJie Gunpowder Plot.
[202
boots on, at so dead a time of the night, he
resolved to apprehend him; as he did, and
thereafter went forward to the searching of the
house, where, after he had caused to be over-
turned some of the billets and coals, he iirst
found one of the small barrels of powder, and
afterwards all the rest, to the number of 36
barrels, great and small ; and thereafter,
searching the fellow, whom he had taken,
found three matches, and all other insti uments
fit for blowing up the powder, ready upon him ;
vtuch made him instantly confess his own guil-
tless; declaring also unto him, That, if he
fed happened to be within the house, when j
ie took him, as he was immediately before (at
the ending of his work) he would not have
toiled to have blown him up, house and all.
Thus, after sir Thomas had caused the
wretch to be surely hound, and well guarded
bjr the company he had brought with him, he
himself returned back to the king's palace,
and gave warning of his success to the lord
Chamberlain, and earl of Salisbury, who imme-
diately warning the rest of the council, that lay
is the I »o use ; as soon as they could get them-
selves ready, came, with their fellow counsel-
lor*, to the king's bed-chamber, being, at that
time, near four of the clock in the morning.
And at the first entry of the king's chamher-
do-jr, the lord chamberlain, being not any
longer able to conceal bis joy for the prevent-
ion of so great a danger, told the king, in a
confused haste, that all was found and disco-
vered, and the traitor in hands and fast bound.
Then, order being first taken for sending for
the rest of the council that lay in the town,
the prisoner himself was brought into the house,
•here, in respect of the strangeness of the acci-
dent, do man was stayed from the sight, or
speaking with him. And, within a uhilc,after,
the council did examine him ; who, seeming to
pot on a Horn an resolution, did, both to the
(uuicil, and to every other person that spoke
*ith him that day, appear so constant and set-
tal upon his grounds, as we all thought we
fed found some new Mutius Scaivola born in
kctand. For, notwithstanding the horror of
delict, tin* guilt of his conscience, his sudden
mrprizing, the terror which should have been
ttark in him, by coming into the presence of
* grave a council, and the restless and con-
futd questions, that every man, all that day,
H v» him with ; yet wa.s his countenance so
&rfroin l»eing dejected, as he often smiled in
^vmful manner, not only avowing the fact,
Bf:t repenting only, with the said Scaevulu, his
failing jn the execution thereof, whereof, he
*-*lf the devil, and not God, was the disco-
■trer ; answering 'quickly to every man's ol»-
.fiion, *rottiii£ at any idle questions which
•ere propounded unto him, and jesting with
"vrh a> lit.' thought had no authority to examine
bra. All chat day could the council get no-
"tf^ out of him, touching his accomplices,
rttuMUg to answer to any such questions,
vlirh he thought might discover the plot, and
ii;..n^ all the blame upon himself; w hereunto,
he said, he was moved, only for religion and
conscience sake, denying the king to be his law-
ful sovereign, or the Anointed of God, in
respect he was an hcrctick, and giving himself
no other name, than John Johnson, servant to
Thomas Percy. But, the next morning, being
carried to the Tower, he did not there remain
above two or three days, being twice or thrice,
in that space, re-examined, and the rack only
offered and shewed unto him, when the mask
of hi* Roman fortitude did visibly begin to
wear and slide off his face ; and then did he
begin to confess part of the truth, and, there-
after, to open the whole matter, as doth appear,
by his Depositions immediately following.
The true Copy of the Deposition of Guido
Fa wees, taken in the Presence of the Coun-
sellors, whose names are underwritten.
" I confess, that a practice, in general, was
first broken unto me, against his majesty, for
relief of the Catholick cause, and not invented
or propounded by myself. And this was first
propounded unto me about Easter last was
twelve-month, beyond the seas, in the Low-
Countries, of the archduke's obeisance, by
Thomas Winter, who came, thereupon, with
me into England, and there we imparted our
purpose to three other gentlemen more, namely,
Robert Catesby, Thomas Percy, and John
Wright, who, all five, consulting together, of
the means how to execute the same ; and tak-
ing a vow, among ourselves, for secrecy,
Catesby propounded to have it performed by
gunpowder, and by making a mine under the
upper house of parliament; which place we
made choice of, the rather, because, religion
have been unjustly suppressed there, it waa
fittest that justice and punishment should be
executed there. — This being resolved amongst
us, Thomas Percy hired an house at Westmin-
ster for that pui pose, near adjoining to the par-
liament-house, and there we began to make
our mine, about the 11th of December, 1001.
— The five, that first entered into the work,
were Thomas Percy, Robert Catesby, Thomas
Winter, John Wright, and myseif, and, socn
after, we took another unto u>, Chiistopher
Wright, having sworn him aho, and taken
the Sacrament for secrecy. — When we caine
to the very foundation of the wall of the house,
which was about three yards thick, and found
it a matter of great duiiculty, we took unto us
another gentleman, Robeit Winter, in like
manner, with the Oath and Sacrament as
aforesaid. — It was about Christmas, when we
brought our mine unto the wall, and, about
Candlemas, wc had wrought the wall half
through: and, whilst they were iu \ diking, I
stood as sentinel, to descry any man that came
near, whereof I gaic them warning, and so they
ceased, until I gave notice again to proceed. —
All we Seven lay in the house, and hud shot
and powder, being rc-ohed to die in thatpldce,
before we should yield or be taken. — As they
were working upon the wall, they heard a
rushing in a cellar, of removing of coals;
103] STATE TRIALS, 3 J amei I. 1606.— TIic Trials of the Conspirators [204
whereupon we feared we had been discovered ;
and they sent me to go to the cellar, who find-
ing that the coals were a selling, and that the
cellar wns to be let, viewing the commodity
thereof for our purpose, Percy went and hired
the same for yearly rent. — We had, before this,
provided and brought into the house 20 barrels
of powder, which we removed into the cellar,
and covered the same witl^ billets and faggots,
which were provided tor that purpose. — About
Easter, the parliament being prorogued till
October next, we dispersed ourselves, and I re-
tired into the Low-Countries, by advice and
direction of the rest; as well to ucouuint Owen
with the particulars of the plot, as also, lest,
by my longer stay, I might have grown suspi-
cious, and so have come in question. — In the
mean time, Percy, having the key of the cellar,
laid in more powder and wood into it. I re-
turned, about the beginning of September next,
and, then, receiving the key again of Percy,
we brought in more powder, and billets to
cover the same again, and so I went, for a time,
into the country, till the 30th of October. — It
was further resolved amongst us, that the same
day, that this act should have been performed,
tome other of our confederates should have sur-
prised the person of the lady Elizabeth, the
king's eldest daughter, who was kept in War-
wickshire, at* the lord Harrington's hou'-e, and
presently have proclaimed her queen, having a
project of a proclamation ready for that pur-
pose ; wherein we made no mention of altering
religion, nor would have avowed the deed to be
ours, until we should have had power enough to
make our party good, and then we would have
avowed both. — Concerning duke Charles, the
king's second son, we had sundry consultations,
how to seize on his person : but, because we
to obtain pardon ; for, speaking of my tempo-
ral part, I may say, the fault is greater than
can be forgiven ; nor affecting hereby the title
of a good subject; for I must redeem my coun-
try from as great a danger, as I liuve hazarded
the bringing of her into, before I can purchase-
any such opinion ; only at your honours com-
mand I will briefly set down my own accusa-
tion, and how far I have proceeded in this bu-
siness: which I shall the faithfuller do, since I
see such courses are not pleasing to Almighty
God, and that ail, or the most material parts,
have been already confessed.
I remained with my brother in the country
from Alihallow's-tide, until the beginning of
Lent, in the -year of our Lord 160 J, the first,
year of the king's reign ; about which time Mr.
Cutesby sent thither, iutreating me to come to
London, where he, and other my friends, would
he glad to see me. I desired hiin to excuse
me ; for I found myself not very well disposed ;
and, which had happened never to mc before,
returned the messenger without my company. .
Shortly I received another letter, in any wise to
come. At the second summons, I presently
came up, and found him with Mr. John Wright,
at Lambeth, where he broke with me, how ne-
cessary it was not to forsake our country, for he
knew' I had then a resolution to go over, but
to deliver her from the servitude in which she
remained, or at least to assist her with our ut-
termost endeavours. I answered, that I bad
often hazarded my life upon far lighter terms,
and now would not refuse any good occasion,
wherein I might do service to the Catholic
cause ; but for myself, I knew no mean pro-
bable to succeed. He said that he had be-
thought him of a way at one instant to deliver
us from all our bonds, and without any foreign
found no means how to compass it, the duke ' help to replant again the Catholic religion; aud
being kept near London, where we. had not
f >rcc enough, we resolved 'to serve our turn
with the lady Elizabeth."
The Names of other principal persons, that
were made privy afterward* to this horrible
conspiracy. — Evcrard Dighy, knt. Ambrose
UooKwood, Francis Tresham, John Grant, Ro-
bert Key is.
Commissioners ; Nottingham, Suffolk, Wor-
cester, Devonshire, Northampton, Salisbury,
Marre, Dunbarr, Popham. — Edward Coke, W.
Waad.
And in regard, that, before this discourse
could be ready to go to the press, Thomas Win-
ter, being apprehended, and brought to the
Tower, made a Confession, in substance agree-
ing with this former of Fawkes, only larger in
withal told me in a word, it was to blow up the
Parliament-house with gunpowder; for said he,
in that place have they done us all the mischief,
and perchance God hath designed that place
for their punishment. I wondered at the
strangeness of tiie conceit, and told him that
true it was, this struck at the root, and would
breed a confusion fit to beget new alterations ;
but if it should not take effect, as mn.it of this
nature miscarried, the scandal would be so great,
which the Catholic religion might hereby sus-
tain, as not only our enemies, but our friends
also would with good reason condemn us. lie
told mc, the nature of the disease required so
sharp a remedy, and asked mc if I wuuld give
my consent. I told him Yc9, in this or what
else soever, if he resolved upon it, I would Ven-
souie circumstances : I have thought &>od to ' tare my life. But 1 proposed many difficulties,
insert the same likewise in this place, for the ; as want of an house, and of one to carry the
further clearing of tin* matter, and greater bene- ' mine, noise in the working, and such like. His
fit of the reader.
Thomas Winter's Coxfhssion, taken the
23rd of November 1605. in the presence
of the Counsellors, whose names are under-'
written,
u My most honourable lords; Not out of hope
I answer was, Let us give an attempt, and where
| it faileth, pass no further. But fu^t, quoth he,
because w e will leave no peaceable aud quiet
way untried, you shall go over aud inform the
Constable of the state of the Catholics here in
England,, iff treating him to solicit his majesty,
at liis coming hither, that the penal laws ma/
203]
STATE TRIALS, 3 James I. 1606 — in the Gunpowder Plot.
[200
be recalled, and we admitted into the rank of
his other subjects ; withal, you may bring over
some confident gentleman, such as you shall
understand best able for this business, and
named unto me Mr. Fawkes. Shortly after, I
passed the sea, and found the Constable at Ber-
rkn neur Dunkirk, where, by help of Mr. Owen,
delivered my message; whose answer was
that he had strict command from his master, to
do all good offices for the Catholics, and for
his own part, he thought himself bound in con*
science so to do, and that no good occasion
ikmld be omitted, but spoke to him nothing of
ibis matter.
Returning to Dunkirk with Mr. Owen,
we had speech, whether he thought the Con-
stable would faithfully help us, or no. He said
he believed nothing less, and tliat they sought
only their own ends, holding small account of
Catholics. I told him that there were many
gentlemen in England, who would not forsake
their country, until they had tried the uttermost,
tod rather venture their lives, than forsake her
in this misery. And to add one more to our
lumber, as a lit man both for counsel and exe-
cution of whatsoever we should resolve, wished
for Mr. Fawkes, whom I had heard good com-
mendations of; he told me the gentleman de-
served no less, but was at Brussels, and that, if
he came not, as happily he might, before my
departure, he would send him shortly after into
England. I went soon after to Osteod, where
sir William Stanley, as then, was not, hut enme
two days after. I remained with him three or
four days, in which time I asked him, if the
Catholics in England should do any thing to help
tbtroelves, whether he thought the archduke
*ou!d second them ? lie answered, No, for all
those parts were so desirous of peace with Fng-
Uad, as they would endure no speech of other
enterprise ; neither were it fit, said he, to set
tot project n-foot, now the peace is upon con-
dtding. I told him there was no such resolu-
tion, and so fell to discourse of other matters,
*tiH I came to speak of Mr. Fawkes, whose
fmpany I wished over into England ; I asked
rf t» sufficiency in the wars, and told him we
«Vxjtd need such as he, if occasion required ;
he gave very good commendations of him. And
ii«$ were thus discoursing, and ready to de-
part for Newport, and taking my leave of sir
William, Mr. Fawkes came into our company,
•ewlv returned, and saluted us. This is the
Gentleman, said sir William, that you wished
for, and so we embraced again. I told him,
•ome good friends of his wished his company in
England, and that, if he pleaded to come to
Dank irk, we would have further conference,
whither I was then going : so taking my leave
•f them both, I departed. About two days after
enme Mr. Fawkes to Dunkirk, where 1 told
hnn that we were upon a resolution to do some-
what in England, if the peace with Spain helped
ti not, but as yet resolved upon nothing; such
or the like talk we passed at Graveling, where
I lay for a wind, and when it sorted came both
» one passage to Greenwich, near which place
we took a pair of oars, and so came up to Lon-
don, and came to Mr. Catesby, whom we found
in his lodging; he welcomed us into England,
and asked me what news from the Constable.
I told him, Good words, but I feared the deeds
would not answer. This was the beginning of
Easter term ; and about the midst of the same
term, whether sent for by Mr. Catesby, or upon
some business of his own, up came Mr. Thomas
Percy. The first word he spoke, after he came
into our company, was, Shall we always, gen-
tlemen, talk, and never do any tiling? Mr. Ca-
tesby took him aside, and had speech about
somewhat to be done, so as first we might all
take an oath of secrecy, which we resolved within
two or three days to do ; so as there we met
behind St. Clement's, Mr. Catesby, Mr. Percy,
Mr. Wright, Mr. Guy Fawkes, and myself; and
having upon a Primer given each other the oath
of secrecy, in a chamber where no other body
was, we went after into the next room and
heard mass, and received the blessed sacrament
upon the same. Then did Mr. Catesby disclose
to Mr. Percy, and I, together with Jack Wright,
tell to Mr. Fawkes, the business for which we
took this oath, which they both approved.
And then was Mr. Percy sent to take the house
which Mr. Catesby in my absence had learned
did belong to one Ferris, which with some diffi-
culty, in the end, he obtained, and became, as
Ferris before was, tenant to Whinniard. Mr.
Fawkes underwent the name of Mr. Percy's*
man, calling himself Johnson, because his face
was the most unknown, and received the keys
of the house, until we heard the parliament
was adjourned to the 7th of February. At
which time, we all dqiarted several ways into
the country to meet again at the beginning of
Michaelmas term. Before this time also, it
was thought convenient to have a house that
might answer to Mr. Percy's, where we might;
make provision of powder and wood for the
mine, which being there made ready, should in
a night be conveyed by boat to the house by
the parliament, because we were loth to foil
that with often going in and out. There was
none that we could devise so tit as Lambeth,
where Mr. Catesby often lay ; and, to be keeper
thereof, by Mr. Catesby's choice, we received
into the number Keys, as a trusty honest mao ;
this was about a month beforo Mic-hut-lmas.
Some fortnight after towards the beginning
of the term, Mr. Fawkes and I came to Mr.
Catesby at Morcrofts, where we agreed that
now was time to begin and set things in order
for the mine. So as Mr. Fawkes went to Lon-
don, and the next day sent for me to come
over to him ; when I came, the cause was, for
that the Scottish lords were appointed to sit in
conference of the union in Mr. Percy's house.
This hindered our beginning until a fortnight
before Christmas, by which time both Mr.
Percy and Mr. Wright were come to London,
and we, against their coining, hud provided a
good part of the powder; so as we all live en-
tered with tools ht to begin our work, having
provided ourselves of baked-meats, the lest W
207] STATE TRIALS, 3 James I. 1606.'— -7fe Triah of the Conspirators [20$
need sending abroad. We entered late in the
nighry and we never saw, save only Mr. Percy's
man, until Christmas-Eve. In which time we
wrought uuder a little entry to the wall of the
parliament-house, and underpropped it, as we
went, with wood.
Whilst we were together we began to fashion
our business, and discoursed what we should do
after this deed was done. The first question
was, how we might surprise the next heir ; the
prince haply would be at the parliament with
the king hi* father, how should we then be able
to seize on the duke ? This burthen Mr. Percy
undertook, that by his acquaintance, he, with
another gentleman, would enter die chamber
without suspicion, and having some dozen
others at several doors to expect his coming,
and two ' or three on horseback at the court-
gate to receive him, he would undertake (the
blow being given, until which, he would attend
in the duke's chamber) to carry him safe awav;
for he supposed most of the court would ue
absent, ami such as were there not suspecting,
or unprovided for any such matter. For the
lady Elizabeth, it were easy to surprise her in
the country, by drawing friends together at an
hunting, near the lord Harrington's, and Ashby,
Mr. Catesby's house, being uot far otF, was a
fit place for preparation. — The next was for
money and horses, which if we could provide
tlurd time, opportunity was given to hire the
cellar in which we resolved to lay the powder
and leave the mine.
Now, by reason that the charge of maintain-
ing us all so long together, besides the number
of several houses, which, for several uses, had
been hired, and buying of powder, &c. had
lain heavy on Mr. Catesby alone to support, it
was necessary for him to call in some others to
ease his charge ; and to that end desired leave,
that he, with Mr. Percy, and a tlurd, whom
they should call, might acquaint whom they
thought tit and willing to the business; for
many, said ho, may be content that I should
know, who would not therefore that all the
company should be acquainted with their
names : to this we all agreed. — After this,
master Fawkes laid into the cellar (which he
had newly taken) a thousand billets, and five
hundred faggots, and with that covered the
powder, because we wight have the house free,
to suffer any one to enter that would. Mr.
Catesby wished us to consider, whether it were
not now necessary to send Mr. Fawkes over,
both to absent himself for a time, as also to
acquaint sir William Stanley and Mr. Owen
with this matter. We agreed that he should
(provided that he gave it them with the same
oath that we had taken before) viz. To keep
it secret from all the world. The reason, why
in any reasonable measure, having the heir ap- we dcsircM sir William Stanley should be ap-
parent, and the first knowledge by four or five ! qua in ted herewith, was, to have him with us
days, was odds sufficient. — Then what lords we j as soon as he could : and for Mr. Owen, lie
should save from the parliament, which was ' might hold good correspondency after, with fo*
first agreed in general, as many as we could ' reign princes. So Mr. Fawkes departed about
that were catholicks, or so- di -posed : but after I Easter for Flanders, and returned, the latter
we descended to speak of particulars. — Next, j end of August. He told me, that, wheu he
what foreign princes we should acquaint with arrived at Brussels, sir William Stanley was not
this before, or join with after. For this point
■we agreed, that first we could not enjoin
princes to that secrecy, nor oblige them by
oath, so to be secure of their promise; besides,
we knew not whether they will approve the
project, or dislike it. And. if they do allow
thereof, to prepare before might beget suspi-
cion ; and, n>t to provide until the business
were acted, the sauie letter that carried news
of the thing done, might as well intreat their
help and furtherance. Spain is too slow iu
his preparations, to hope any good from in the
first extremities, and liance too near and too
dangerous, who with the shipping of Holland,
we feared ot' all the world, might make away
with us.
But while we were in the middle of these
discourses, we heard that the parliament should
m i • • • i i * it « ■ t 1
returned from Spain, so as he uttered the mat-
ter only to Owen, who seemed well pleased
with the business, but told him, that surely sir
Willi.im would not be acquainted with any
plot, a* having business now a fool in the court
of Kngland ; but he himself would be always
ready to tell it him, and send him away as
soon as it were done.
About this time did Mr. Percy and Mr. Ca-
tesby meet at the Bath, where they agreed, that,
the company being yet but few, Mr. Catesby
should nave the others authority to call in,
whom he thought best ; by which authority he
called in after sir Kverurd Digby, though at
what time I know not, mid last of all roaster
Franci** Treslnun. The first promised, as I
heard Mr. Catesby say, fifteen hundred pounds;
J the second two thousand pounds; Mr. Percy
be anew adjourned until alter Michaelmas;! himself promised all he could get out of the
upou which tiding-;, we broke olf both, discourse
and working until after Christinas. About
Candlemas, we brought over in a bout the
powder which we hid provided at Lambeth,
am} laid it in Mr. Percy'* house, because we
were willing" to have all danger in one place. —
We wrought also another fortnight in the mine
against the stone wall which was very hard to
beat through ; at which time we called in Kit
Wright, and near to Easter, as wo wrought the
earl of Northumberland's rents, which warn,
about four thousand pounds, anil to provide
many gullopniitg horses, to the number of ten.
— Me;m while Mr. Fawkes, and myself alone,
bought some new- powder, as suspectiug the>
first to be dank, and conveyed it into the
cellar, and set it in order, as we resolved it
should stand. Then was the parliament a-new
prorogued until the fifth of November, so as
we all went dowu until some ten days before.
209]
STATE TRIALS, 3 James I. [60G.~ in the Gunpowder Plot.
[210
when Mr. Catesby came up with Mr. Fawkes
to an house by Enfield- Ch ace, called White-
Webbes, whither I came to tliem, and Mr. Ca-
tesby wiUed me to enquire, whether the young
prince came to the parliament. I told him, j
that I heard that his grace thought not to be l
there. Then must we have our horses, said j
Mr. Catesby, beyond the water, and provision i
of more company to surprise the prince, and
leave the duke alone. — Two days after, being
Sunday at ni^hr, in came one to my chamber,
and told me, that a letter had been given tcv
my lord Monteagle, to this effect : that he
wished his lordship's absence from the parlia-
ment, because a blow would there be given.
Winch letter lie presently carried to my lord
of Salisbury. — On the morrow I went to White-
Webbes, nnd tuld it Mf. Catesby, assuring
ban wkhal, that the matter was disclosed ;
and wishing him in any case to forsake his
country. lie told me, he would see further as
yet, and resolved to send Mr. Fawkes to try
the uttermost, protesting, if the part belonged
to himself, he would try the same adventure.
•—On Wednesday master Fawkes went, and
returned at night, of which we were very glad*,
—Thursday I came to London, and Friday
master Catesby, master Tresham, and I met at
Barnet, where we questioned how this letter
should be sent to my lord Monteagle, but could
not conceive, for master Tresham forswore it,
whom we only suspected. — On Saturday night
I met Mr. Tresham again in Uncotn's-Inn
walks ; wherein he told Mich speeches, that my
lord of Salisbury should use to the king, as I
pve it lost the second time, and repeated the
same to Mr. Catesby, who hereupon was re-
solved to be gone, but staid to have master
Percy come up, whose consent herein we
wanted. On Sunday Mr. Percy, being dealt
with to that end, would needs abide the utter-
most trial.
The suspicion of all bauds put us into such
confusion, as master Catesby resolved to go
down into the country, the Monday that mas-
Mr Percy went to Sion, and master Percy re-
tailed to follow tlie same night, or earlv the
text morning. About five of the clock, ocing
Tuesday, came the younger Wright to my
dumber, and told me, of a nobleman, called
the lord Monteagle, saying, Arise, and come
•long to Essex house, for I am going to call up
By lord of Northumberland ; saying withal,
the matter is discovered. Go back, master
Wright, quoth I, and learn what you can about
Essex eate. Shortly he returned, nnd said,
Surely all is lost ; for Jjepton is got on horse-
back at Essex door, and, as he parted, he ask-
ed, if their lordships would have any more with
him ; and being answered, No, is rode fast up
Fleet-street us he can ride. Go yon then,
quoth 1, to Mr. Percy, for sure it is for him
they seek, and bid him he gone, I will sruy and
see' the uttermost. Then I went to tlie court- '
gate*, and found them btraightly guarded, so as I
bo body could enter. From thence I went !
down towards the parliament-bouse, and, in
VOL. II.
the middle of King-street, found tie guard
standing, that would not let me pass. And,
as I returned, 1 heard one say, There is a
treason discovered, in which the king and the
lords should have been blown up. So then I
was fully satisfied that all was known, 'and
went to the stable, where my griding stood, and
rode into the country. Mr. Ctitrshy had ap-
pointed our meeting at Dunchurch, but I could
not overtake them until 1 came to my brother's,
which was Wednesday night. On Thursday
we took the armour at inv lord Windsor's, and
went that night to one Stephen Littleton's
house, where the next day', being Friday, us I
was early abroad to discover, my man came to
me, and said, that an heavy mischance had se-
vered all the company, for that Mr. Catesby,
Mr. I took wood, and Mr. Grant were burnt
with gunpowder, upon winch sight the rest dis-
persed. Master Littleton wished me to fly,
and so would he. I told him, I would first
see the body of my friend, and bury hiir,
whatsoever befel inc. When I came, i found
Mr. Catesby reasonable well, master i'ciiy,
both the Wright", Mr. ltookwood, and master
Grant. I asked them what they resolved to do.
They answered, We mean here lo die. 1 said
again, J would take such part as they did.
Alx)ut eleven of the clock came the company
to beset the house, and, as I walked into the
court, i was shot into the shoulder, which lost
me the use of my arm ; the next shot was the
elder Wright struck dead ; alter him the
younger Mr. Wright ; and fourthly, Ambrose
Rook wood. Then siid Mr. Catesby to me,
(standing before the door they were to enter)
Stand by ine, Tom, and we will die together.
Sir, quoth 1, 1 have lost the use oi my right
arm, and I fear that will (muse me to be takeiu
So, as we stood close together, Mr. Cate^y,
Mr. Percy, and myself, they two were >l»ot, as
far as I could guess, with oue bullet, and then
the company entered upon me, hint mc in the
belly with a pike, and gave me other wound*,
until one came behind, and caught hold of
both my arms. And so I remain, Yours, &c."
Commissioners; Nottingham, Suffolk, Wor-
cester, Devonshire, Northampton, Salisbury,
Marr, Dunbar, Pop ham. — Edw. Coke. W.
Waad.
The Names of those that were first in tike
treason, and laboured in the mine ; Robert
Catesby, Robert Winter, esqrs. Thomas
Percy, Thomas Winter, John Wright, Christo-
pher Wright, Guido Fuwkes, gentlemeu. And
Bates, Catesby's man.
Those that were made acquainted with it,
though not personally labouring in the mine,
nor in the cellar ; Event rd Diebv, km. Am-
brose Rook wood, Francis Tresham, esnxs.
John Gnuint, gent. Robert Kevos.
Rut here let us leave* Fawkes in a lodging fit
for such a guest, and taking time to advise
upon hi* conscience, and turn ourselves to that
part of the history, which concerns the fortune
of the rest of their partakers in that abomina-
ble treason. The iiev\s was no sooner spread
ill] STATE TRIADS, S James I. loofi.— The Trials of the Conspirators [212
but far more, in faith or justness of quarrel.—
And so, nrter that this Catholick troop bad
wandered a while through Warwickshire to
Worcestershire, and from thence to the edge
and bordei s of Staffordshire, this gallantly armed
bund had not the honour, at the last, to ne beat-
en with a king's lieutenant, or extraordinary
commissioner, sent down tor the purpose, but
only by the ordinary sheriff of Worcestershire
were they all beaten, killed, taken, and dispersed.
Wherein ye have to note this following circum-
stance so admirable, and so lively displaying the
greatness of God's justice, as it could not be
concealed, without betraying, in a manner,, the
glory due to the Almighty for the same. —Al-
though divers of the king's Proclamations were
posted down after these traitors with all the
speed possible, declaring the odiousness of that
bloody attempt, the necessity to have had Percy
preserved alive, if it had been possible, and the
assembly together of that rightly damned crew,
now no more darkened conspirators, hut open
and avowed rebels; yet the far distance of the
wa y,which was above an hum lred miles, together
with the extreme deepness thereof, joined also
with the shortness ol the day, was the cuuse
that the hearty and loving affections x>f the
king's good subjects, in those parts, prevented
the speed of his proclamations. • For, upon the
third day after the flying down of these rebeb,
which was upon the Friday next after the dis-
covery of their Plot, they were most them all
surprized by the slientY of Worcestershire, at
Hoiheech, ahout the noon of the day, and that
in manner following : — Graunt, of whom I
have mode mention before, for taking the great
horses, who had not, ail the preceding time,
stirred from his own house till the next morn-
ing, ufter the attempt should have been put in
execution ; he then laying his accounts without
his host, :is the proverb is, that their Plot had,
without foiling, received the day before their
hoped-for success; took, or rather stole, out
tho-c horses, as 1 said before, for enabling him,
and so many of that foulest society, that had still
remained in the country near about him, to make
a sudden surprise upon the king's elder daughter,
(he lady Elizabeth, having her residence nearby
that place, whom they thought to have used for
the colour of their treacherous design, Kb
majesty, her lather, her mother, nud male chil-
dren being all destroyed above, and to this pur-
pose, also, had that Niiurod, Digby, provided
his hunting-match against that same time, that,
uumbeis of people being nocked together, upon
the pretence thereof, they might the easilier
hare brought to pass the sudden turprise of her
person.
Now the violent taking away of those horses,
long before day, did seem to he so great a riot,
in the eves of the common people, that knew
of no greater mystery : And the bold attempt-
ing thereof did ingeiider such a suspicion of
some following rebellion in the hearts of the
wiser sort, as both great and small began to stir
and arm theiutefve*, upon thin outooked-for
accident. But, before twelve or sixteen bouts
abroad that morning, which was upon a Tues-
day, the fifth of November, and the first day
designed for that sessiou of parliament ; the
news, I say, of this so strange and unlooked-
for accident was no sooner divulged, but some
of those conspirators, namely, Winh r, and the
two brothers of Wright's, thought it high time
for them to hasten out of the town (for Catesbv
was gone the night before, and Percy at four of
the clock in the morning the same day of the
discovery) und all of them held their course,
with more haste than good speed, to Warwick-
shire toward Coventry, where the next day
morning, being Wednesday, and about the
frame hour that Fawkcs was taken in West-
minster, one Graunt, a gentleman, having asso-
ciated unro him some others of his opinion, all
violent papists, and strong recusants, came to
a stable of one Be no eke, a rider of great
horses, and, having violently broken up the
same, carried along with them all the great
horses that were therein, to the number of
seven or eight, belonging to divers noblemen
and gentlemen of that country, who had put
them into the rider's hands to be made fit for
their service. And &o both that company of
them uhich iled out of London, as also Graunt,
and his accomplices, met all togetlier at Dun-
church, at sir Everard Digby's lodging, the
Tuesday at night, after the discovery of this
treacherous attempt ; the which Digby had
likewise, for his part, appointed a match of
hunting, to have been hunted the next day,
which was Wednesday, though his mind was,
Niinrod-like, upon a kit other maimer of hunt-
ing, more beni upon the blood of reasonable
men than brute beasts.
This company, and hellish society, thus con-
vened, finding their purpose discovered, and
their treachery prevented, did resolve to run a
desperate course ; and, since they could not
prevail, by so private a blow, to practise, by a
public rebellion, either to attain to their intents,
or, at least, to save themselves in the throng of
others. And, tlierefore, gathering all the com-
pany they could unto them, and pretending the
quarrel of religion, having intercepted such
provision of armour, horses, and powder, as the
time could permit, thought, by running up and
down the country, both to augment piece and
piece their numher (dreaming to themschct,
that they had the virtue of a suow-ball, which,
being little at the first, und tumbling down
from a great hill, groweth to a great quantity,
by increasing itself with the snow that it meet-
eth by the way) and also, that they, beginning
first this brave shew, in one part of the coun-
try, should, by their sympathy and example,
stir up and encourage the rest of their religion,
in other parts of England, to rise, as they had
done there. But, when they had gathered their
force to the greatest, they came not to the num-
ber of fourscore ; and yet were they troubled, all
the hours of the day, to keep and contain their
own servants from stealing from them ; who,
notwkiistanding all their aire, daily left them,
being for inferior to Gideon's host in number,
213]
STATE TRIALS, 3 JauU I. 1600.— in the Gunpowder Plot.
[214
past, Catesby, Percy, the Winters, Wrights,
Kookwood, and the rest, bringing then the as-
surance, that their main Plot was failed and
bewrayed, whereupon they had built the golden
mountain of their glorious hopes : They then
took their last desperate resolution, to flock to-
gether in a troop, and wander, as they did, for
the reasons afore told. But as, upon the one
parr, the aealous duty to their God, and their
XHrereigii, was so deeply imprinted in the hearts
of all die meanest and poorest son of the peo-
|ae, although then knowing of no further mys-
tery, than such publick misbehaviours, ns their
fan eyes taught them, as, notwithstanding of
their fair sheus and preteuces of their Ca-
tholick cause, no creature, man or woman,
through all the country, would, once, so much
as give them, willingly, a cup of driuk, or any
ant of comfort or support, but, with execra-
tions, detested them : so on the other part,
the sheriff* of the shire*, through which they
wandered, conveying their people with all speed
possible, hunted as hotly after them, as the evil-
new of*the way, and the unprovidedness of
their people, upon that sudden, could pennit
them. And so at last, after sir Richard Ver-
se?, sheriff ot Warwickshire, had carefully and
Rraightly been in chace of them to the confines
of hu county, part of the meaner sort being
also apprehended by him ; sir Richard Walsh,
sheriff of Worcestershire, did likewise dutifully
sad hotly pursue them through his shire : And,
laving gotten sure trial of their taking harbour
at the house above-named, he did send trum-
peters and messengers to them, commanding
them, in the king's name, to 'render unto
him, his majesty's minister ; and knowing no
■roe, at that time, or their guilt, than was
publickly visible, did promise, upon their duti-
ful and obedient rendering unto him, to inter-
cede, at the king's hands, for the sparing of
(heir lives ; who received only, from them, this
scornful answer, they being better witnesses to
taeotselves of their inward evil consciences,
1 That he had need of better assistance, than of
1 those few numbers that were with him before he
'could be able to command or controul them/
fist here fell the wonderous work of God's
josttce, that, while this message passed between
the sheriff and them, the sheriff's and his peo-
ts hearts being justly kindled and augmented
their arrogant answer ; and so, they prepar-
ing themselves to give a furious assault, and
the other party making themselves ready, with-
in the house, to perform their promise by a
defence as resolute ; it pleased God, that, in
the mending of the lire, in their chamber, one
small spark should fly out, and light among less
than two pound-weight of powder, which was
(trying a little from the chimney ; which, being
thereby blown up, so maimed the faces of some
of the principal rebels, and l he hands and sides
uf otliers of* them, blowing up with it also a
great bag full of powder, which, notwithstand-
ing, never took fire, as they were not only
disabled and discouraged liereby, from any
farther resistance, in respect Catesby * himself,
Rookwood, Grant, and divers others of greatest
account among them, were, thereby, made
unable for defence, bur, also, wonderfully struck
with amazement iu their guilty consciences,
calling to memory, how God hud justly pu-
nished them with that same instrument, which
they should have used for the effectuating of so
great a sin, according to the old Latin saying,
' In quo peccemus,in eodciu plectimur;' as they
presently, (see the wonderful power of God's
justice upon guilty consciences,) did all fall
down upon their knees, praying God to pardon
them for their bloody enterprise; and, there*
after, giving over any further debate, opened
the gate, suffered the sheriff's people to rush in
furiously among them, and desperately sought
their own present destruction : The three spe-
cials of them joining bucks together, Catesby,
Percy, and Winter, whereof two, with one
shot, Catesby and Percy, were slain, aud the
third, Winter, taken and saved alive.
Aud thus these resolute und thigh aspiring
Catholicks, who dreamed of no less than the
destruction of kings aud kingdoms, and pro-
mised to themselves no lower estate, than the
government of great and ancient monarchies,
were miserably defeated, and quite overthrown
in an instant, fulling in the pit which they had
prepared for others ; and so fulfilling that sen-
tence, which his majesty did, in a maimer, pro-
phesy of them, in his oration to the parliament;
bouie presently slain, others deadly wounded,
stripped of ihcir clothes, left lying miserably
naked, and so dying, rather of cold, than of
the danger of their wounds ; and the rest, that
cither were whole, or but lightly hurt, taken
and led prisoners by the sheriff, the ordinary
minister of justice, to the Jul, the ordinary
place, even of the basest malefactors, where
they remained till their sending up to London,
being met with a huge confluence of people of
all sorts, desirous to' see them, as the rarest
sort of monsters : fools to laugh at them, wo-
men and children to wonder, all tlte common
people to gaze, the wiser sort to satisfy their
curiosity, in seeing the outward cases of so un-
heard of a villainy ; and,, generally, all sorts of
people, to satiate and fill their eyes with the
sight of them, whom, in their hearts, they so far
admired and detested ; serving so for a fearful
and publick spectacle of God's fierce wrath and
just indignation.
What, hereafter, will be done with them, in
to be left to the justice of ins majesty and the
state ; which, as no good subject needs to
doubt, will be performed in its own due time,
by a public aud exemplary punishment ; so hav«
we, all that are faithful and humble subjects,
great cause to pray earnestly to the Almighty,
that it wilt please him, who hath the hearts of
* Catesby, who whs the first inventor of
this treason in general, and of the manner of
working the same by powder, in special, himself
now first maimed with the blowing up of pow-
der, and, ncatt, he und Percy both killed with
one shot proceeding from powder.
213] STATE TRIALS, 3 James I. 160(3— The Trials of the Conspirators, ftr. [S10
all princes in his hands to put in his majesty's •
heurt, to make such a conclusion of this trage- .
dy to the traitors, hut tragicomedy to the king,
mid all his true subjects, as, tliereby, the glory
of Gud. unci his true religion, may be advanced;
the tuiuic security of the kiin:. and his estate, j
{■rocured and provided fnr ; all hollow and dis-
aim-M heart;*. di>o>\tml and pievented.'; and
this horrible attempt, lacking due epithets, to
l»e so jiiNtly avenged: that whereas ihey
thiHi^ht, by out* C-uttinlick indeed, and univer- I
Mil hlon. to accomplish theui^h i>t that Koniau '
tyrant, nho wished all the hodus, in Koine, to !
have l>nt one neck, and so, b\ the \iolent force
of potuier, to break up, a* with a petard, our ,
triple- locked peaceful j;ate« of J.ums, which, '
God lie i hanked, they could no! cinpass by
uuv other im*an> ; thev inav itistlv Ik- so re-
compcn>rd, for their tru'y xipemus intended *
pnruciJe, a> the shame ami infamy that, other- I
\mm\ would lit*lu upon thi* whole nation, lor
hawng unfortunately hatch* d such cockatrice-;
evys, may tie rvpaiicd, by t!ie execution of fa-
mous au.l honourable justice upon the offen-
der*, and so the kingdom pureed of them may,
hcrcaftt :-, }»erpettirilly houn>h in peace and
pro*|HTK). by the happy conjunction oi the
hearts «>f a!i lionot ;i:;d ime subjects, with
their ju>: and nl^io; s *oicniitn.
,\'.i I thus w!ierea* they thought to liave ef-
t icco our mcuiorics tlie memory of them shall
reman:, b i: to l lie r perpetual lufamy; and we.
as I «ui.i 1:1 the hc-senminc, sh.-.ii, \*:*ii aii thank-
f.aiu>», ttcri -;u!t pu^'rie the iinaiorf oi *o
Ktvat a it net-:. To which Ic% *u v -rood >«b-
|OCt Xs \ A UK It. •
Hie-e :* i:i the&d\ ohime ofli'c U.i?k.*».M:»-
ce.Ljni. p. Mo, a 11 *;ory oi tiio i«uiir»««idci'
Trc.»":i, CviaU'*. cu from 1.1:101;$ authors
I .:t :K* eiMipilcr *ce;r.» to bu»t nia Je no
u«c of K:.i£ Jai'u>*> Wot*. In :oc siiue
*o! srrc. i» H7. h <in Account oi t:*e Ar-
r»u:tv».:eiii a:*. J Kjl^ utu a of Pi shy. the
two W ::ur*. Grant. Kvkwwd. Ke*es,
JGifS *::d Johrwa alu > r.i»\k*s. 1; «a>
y ».. >;.*a 4t t3« tia:e. b*. : i* very c:d »;.:.c:
#u •■. *:.::f,.5. a ad ::j :. .irt of ;:, c\c<«: j«*r-
► *i» f.t \ Jo«:n^F is a; til * jrtc n.t^r^r.
"• N ■.«■*. -r:er :h.-:-0 — ictnra:. : zci JiuL:-
i-.< ■:. ;-.{^:". ...s r» i\\* T;.»«r. :!.«■!*
«"■•. } rv *.j:.:ed 1 1* ?..e Ti-uiso^. f. ..».•£:
c .v: >.*-:^ci jso Wi\;:-.> t e« x\e;e vi.-«*:. ?«: »
>: K..* "» v*^rviv-»-.tni. :-. -»r ■. ■ ;he*r. *:.". !Sei*-
*-^: L* i . ■• . :^.< ct *fWu :er. 0 ■«■-.:. a: ■: Ki:e**
or ■*..•» . L Vtv'c rv >-^«i. ' -i i-^ "•' i"\ 1:
wjr^r ;.» >tvji 0?". b : .\: > :: jf. l<: 1 & *:.-
ia . a;:o ^.. „-.. £ f »•- ac*- j=c-s "c!- i ". \ :l< nSZI-c.
•*t: ■•? l>^.y. .« auu. ^c s(, olv ufpk'C tc«.
«n4 a auiuy aacvvr. ]t«5 :-^^: d .-*rn <ie, l:
RMt dfean^e of" Bis. fcVg.trvtiA^oe.. l-oca **•. : :-
««ri ftmr ot iimt»x iLr h»» c\i- nr jrv« p-i_e
aj*Jfc»t;t«hrta«y ; »oc«u^MMdAa^ uuc he
forced himself to speak, as stoutly as he could,
his speech was not lone, aud to little good pur-
pose, only, that his belied conscience, being,
out indeed, a blinded conceit, had led him into
this otTence, which, in respect of his religion,
alias, indeed idolatry, he held no otVence, but,
in respect of the law, he held an otTmce, for
which, he asked forpveuess of God, of the
king, and the wlmle kingdom; and so, with
Tain and superstitious crosaiiii: of himself, be-
took him to his Latin prayers, mumbling to
himself, refusing to have any prayers oi any,
but of the Romish Ouhul.cks; went up toe
ladder, and with the help of the hangman,
made an end of shis wicked days in this world.
After him went Winter up to the scaffold,
where he used few words to any effect, without
aakme mercy of either Of id, or the kinc, lor his
o tie nee; went up tlie ladder, and, mtikui* a few
pravers 10 himself, staid not long lor his exe-
cution.
After him went Grant, who abominably
blinded with his horrible idolatry, though he
contested his otTence to be heinous, vet would
taiu have excused it by his conscience tor reli-
gion ; a bloody religion, to make so bloody a
conscience ; but better tluit his blood, and all
Mich as he was, should be shed by kie justice
of l.w. tiian the lilood of mam thousands to
have been shed by his Milainv, without law
or justice; but to tie parpese, hnvine used
a tlw uiie w-urds to ill eucct. he na>, as his tel-
io«r> Lei'.^e him. led tLe na\ to the halter;
and m\ attr l.> cn.?>in^ of ii:m>eif, to the last
p^it of ni* :r.i»jc(iy.
I^t-: .•[ t eui c«.:r.c iiitcs, who seemed sorry
for !-* iknerce. azui asked tcr^iveuess of God,
ard ti.e kin^, aud of ci.e wl..iie kiucioin ;
prave-i :o C^xl fjr the pre sedation of tbem
ai. a:*.d as he said, only lur his lore to htt
nia«:er. drawn t j torse*. i::s du:y u> (nxi. his
ki.-.c and country, ana > heretbrt w as now drawo
froti the Tower 10 $:. Paul's c.urcii-yard, and
there har£t-d an.i q£*r;?rc>i n:r his treachery.
Tr us tided :n*z d.iv"> busirTes>.
Tre ni:*t c^^« rciz:^ Fr.dav, we.e drawn
fr^ai tui- Tcwci 10 the iKd P-. ace ia West-
ic.:>ter. ^\tr-*£a:rs: tit- Pari:amcct-bouse,
Tron:j» "■V;.-.ier ;.' r y^up^er c.-vi-tr. Kock-
«. .co. K*}cs. a^i rV-wkes tLe r.;.n r. ju>riy
c.u.e».i. • t-«* IXt.i of t e Vaj'.e:" i-jr irid ht
::jt fcet » a «.v. .1 ;^ca.xatr. ; e Lau ::evtr con-
sXnrcd y.^ r:M^:!->os a :^:*c^l.u uwr l«vd cm-
[Hovw :n * -j .iT.i:»:i« j^ a.-;: or..
1-e s^.-^ *•-»>. t«:r^ F:...^i>. w^re drawn
• c-:i the V.^i.-. :■.• t:.s L'.i Y* a:* in Wrst-
« t . :.« : c r. 1 r^.* r. ■ > ^^ -. r : rr . K :<: i w .^ «i , Keves.
m
:o :i.T *<■— t .0. nude '«;*..e *r«.r\:- t -.: ?cen «c|T,
az'cs xsr l-. •* ;: w<rc. so -.7 * r .3 .»cencr.
t: i ^ ;: jr «<* r^ b:a*e^r. ?.♦ ti» u^a tas.^* were
*■-.-'-* :■. : b* :.*,,i tieii."* »tvccaa.e^ iu«u-.e
j.reici r.j ^e a w r^sd :n tus so1-!, -m" wbet be
-ail z».c yt" j. :"ol. teel ..■•*. rrc:e»t:i?c u> c* a
true V. iLi -!-'.•*, asaessai^: w^ a **r% rale
az'i >*^ai o:«jvt. wer.: up toe J^Kier, aad, aner
a 4*--^ cr two vzta a b^iccy ;o a
217]
STATE TRIALS, * James I. 1606.— Trial qf Henry Garnet.
[21*
block was drawn, and there quickly dis-
patched.
NeitJum carae Rockwood, who made a
apeech of some longer time, confessing his
offence to God, in seeking to shed blood,
sad asking therefore mercy of his Divine ma-
jesty; bis ofience to the king, of whose ma-
jtsty he likewise humbly asked1 forgiveness,
his offence to the whole state, of whom in
general he asked forgiveness ; beseeching God
to bless the king, the queen, and all his
royal progeny, and that they might long live to
eign m peace and happiness over this king-
dom. But la&t of all, to mar all the pottage
with one filthy weed, to mar this good prayer
with an ill conclusion, he prayed God to make
the king a cathohek, otherwise a papist, which
God for his mercy ever forhid ; and so, be-
seeching the king to be good to his wife and
children, protesting to die in his idolatry, a
Romish Catholick, he went up the ladder, and,
banging till he was almost dead, was drawn to
the block, where he gave his last gasp.
After him came Keyes, who like a desperate
villain, using little speech, with small or no
shew of "repentance, went stoutly up the lad-
der; where, not staying the hangman's turn,
he turned himself off with such a leap, that
with the swing he brake the halter, but, after
his fall, was quickly drawn to the block, and
there was quickly divided into four parts.
Last of all came the great devil of all,
Fawkes, alias Johnson, who should have put
fire to the powder. His body being weak with
torture and sickness, he was scarce able to go
up the ladder, but yet with much ado, by the
help of the hangman, went high enough to
break his neck with the fall: who made no
long speech, but, after a sort, seeming to
be sorry for his offence, asked a kind of for-
giveness of the king and the state for his bloody
intent ; and, with his crosses and his idle ce-
remonies, made his end upon the gallows
and the block, to the great joy of the be-
holders, that the land was ended of so wicked
a villainy/'
81. The Trial of Henry Garnet, Superior of the Jesuits in Eng-
land, at the Guildhall of London, for a High Treason, being a
Conspirator in the Gunpowder Plot : 4 Jac, I. 28th of March,
a. d. 1606.
iH£ Commissioners present were, sir Leo-
nard Holyday, Lord Mayor; the earls of Not-
tingham, Suffolk, Worcester, Northampton, and
Salisbury ; L. C. Justice of England, sir John
Pophum; the L. C. Baron of the Exchequer;
ur Christopher Yelverton, kt. one of his ma-
jesty** Justices of the Kings-Bench.
The substance and effect of (he Indictment
of Henry Garnet, superior of the Jesuits in
England, appeareth before in, the Relation of
the former Arraignment, and therefore un-
necessary to be repeated again; [S Co. Inst.
S7.] which Indictment was summarily and ef-
fectually repeated by sir Johu Croke kt. his
•oesty's Serjeant at law, in this manner :
Sir John Croke. This person and priboner
sere at the bar, this place, and thk present
occasion and action, do prove that true, which
the Author of all Truth hath told us; That
' nihil est occultum, quod non manifestabitur;
' et nihil e*t secretum, quod non revelabitur et
1 in palain veniet:' There is nothing hid that
ihall not be made manifest, there is nothing
Htret that shall not be revealed and come in
publick. And that God by whom kings do
reign, ' Consilium pravorum dissipat,' doth
tcatter and bring to nought the counsel of
the wicked. — That he spake with fear and tremb-
ling, and with liorror and nmayedncsg, against
that rotten root of that hideous and hateful
tree of treason, and of that detestable and un-
heard of wickedness, he did crave pardon for
it; affirming that no flesh could mention it
vkhout astonishment. — lie shewed that Henry
Gtrntt, of the profession of the Jesuits, other-
wise Wally, otherwise Darcy, otherwise Roberts,
otherwise Farmer, otherwise Philips, (for by all
those names he called himself) stood indicted
of the most barbarous and damnable treasons,
the like whereof was never heard of: That he
was a man ' inultorum nominum,' but not ' boni
' nominis ;' of many names, as appeared by tbe
indictment, but of no good name ; adorned by
God and nature, with many gifts and graces, if
tbe grace of God had been joined with them :
but that wanting, * quanto ornatior' in other
gifts * tanto nequior*. — That this Garnet (his
majesty summoning his parliament to be holden
at Westminster the 19th of March, in the first
year of his reign, and by divers prorogations
continuing it till the third of October last)
together with Catesby lately slain in open re-
bellion, and witli Oswald Tesmond a Jesuit,
otherwise Oswald Green well, as a false traitor
against the most mighty and most renowned
kiug our sovereign lord king James; the 9th
of June last, traitorously did conspire and com-
pass : To depose the kmg, and to deprive him
of his Government : To destroy and kill the
king, and the noble prince Henry his eldest
son : such a king, and such a prince; such a son
of such a father, whose virtuis arc rather with
amazed silence to be wondered at, than able
by any speech to be expressed : To stir sedition
aud slaughter throughout the kingdom: To
subvert the true religion of God, and whole
government of the kingdom : To overthrow the
whole state of the commonwealth. — The man-
ner how to perform these horrible Treasons,
the Serjeant said * llorreo diccre,' his lips did
tremble to speak it, but his heart praised God
for his mighty deliverance. The practice so
inhuman, so barbarous, so damnable, so de-
testable, as the like *hs never read nor heard
of, or ever entered into the heart of the most
wicked man to imagine. And here he said, he
coulii not but mention that religious observation
so religiously observed by his religious majesty,
wishing it were engraven in letters of gold, in
the hem ts of all his people ; the more hellish
the imagination, the more divine the preserva-
tion.— This Garnet, together with Catesby and
Tesmond, had speech and conference together
of these Treasons, and concluded most traitor-
ously and devilishly : That Catesby, Winter,
Fawkes, with many other traitors lately arraign-
ed of high-treason, woidd blow up with gun-
powder in the parliament-house, the king, the
prince, the lords spiritual and temporal, tlie
judges of the realm, the knights, citizens and
burgesses, and many other subjects and servants
of the king assembled in parliament, at one
Wow, traitorously and devilishly to destroy
them all and piecemeal to tear them in asun-
der, without respect of majesty, dignity, and
degree, age or place. — And for that purpose, a
great quantity of gunpowder was traitorously
and secretly placed and hid by these Conspira-
tors under the Parliament-House.
Tin's being the Substance and the Effect of
the Indictment, Gainetdid plead Not Guilty
to it ; and a very discreet and substantial Jury,
with allowance of challenges unto the prisoner,
ware sworn at the bar for the trial of him *.
To whom the Serjeant shewed that they
should have FAidences to prove him Guilty,
that should be « luci clariores/ that every man
might read them running. They should have
' testimonia rerum,* and • loquentia signa,' Wit-
nesses and Testimonies of the things them-
selves. * Reum confi ten tern/ or rather ' reoscon-
• fitentes, accusantes invicem.* That every one
may say unto him, * serva nequam,* thou wicked
subject, thou wicked servant, ' ex ore tuo te
' judico', of thine own month I jndge thee, of
thine own mouth I condemn thee. And this
shall be made so manifest by him that best can
do it, as shall stop the mouth of all contradic-
tion.
Attorney General. (Sir Ed. Coke.) Yotir
lordships may perceive by the parts of the In-
dictment which have been succinctly opened,
that this is but n latter act of that heavy
and woful tragedy, which is commonly called
the Powder-Treason ; wherein some have al-
ready played their parts, and according to
their demerits surfered condign punishment
and pains of death. We are now to pro-
ceed against this prisoner for the same trea-
son ; in which reNpect the necessary repe-
tition of some tilings before spoken, shall at
the least seem tolerable : for that * Nunqunm
' nimis dicitur, quod nunquam satis dicitur ;' It
is never said too often, that can never be said
enough. Nay, it may be thought justifiable
■ »*»■■' ■« ■■ ■ ■»■■ ■■ i—— —
• 5e« 3 Co. Inst 97,
•Trial qf Henry Garnet, a Conspirator [220
to repeat in this case ; for that in respect of
the confluence and access of people at the
former arraignment, many could not hear at
thut time: and yet, because I fear ic would be
tedious for the most of all my lords commis-
sioners, and of this honourable and great assem-
bly, were present at the arraignment, and for
that I am now to deal with a man of another
quality, I will only touch, and that very little,
of the former discourse or evidence; and that
little also shall be mingled with such new mat-
ter, as shall be worth the hearing, as being in-
deed of weight and moment : and all this with
very great brevity.
But before I further proceed to the opening
of this so great a cause, I hold it fit and neces-
sary to give satisfaction to two divers and ad-
verse sorts of men, who, according to the divers
affections of their hearts, have divined and con-
jectured diversly of the cause of the procrasti-
nation and delay of proceeding, especially
against this person : the matter wherewith he
stands charged being so transcendent and ex-
orbitant as it is. The first sort of these, out
of their hearty love and loyalty to their natural
liege lord and King, and to their dear country and
this state, have Feared the issue of this delay,
lest that others might be animated by such
f protraction of judgment, to perpetrate the
ike: for they say, and it is most true, ' Quia
' i.jn profertur cito contra malos sentcmiu, abs-
* que timore ullo filii hominum pcrpetrant mala;'
Because speedy justice is not executed against
wicked men, tho people without all fear com-
mit wickedness. And pity it were that these
good men should not be satisfy'd. The other
sort are of those, wfio in respect no greater ex-
pedition hath been used against this prisoner at
the bar, fall to excusing of him, as gathering
these presumptions and'conjectures : first, that
if he, or any of the Jesuits, had indeed been
justly to be touched with this most damnable
and damned treason, surely they should have
been brought forth and try'd before this time.
Secondly, That there was a bill exhibited in
parliament concerning this treason, and this
traitor, but that it was deferred and proceeded
not, for want of just and sufficient proofs.
Nay, Thirdly, There was a particular apology
spread ubroad for this man, and another gene-
ral for all Jesuits and priests, together with
this imputation, That king-killing and queen-
killing was no; indeed a doctrine of theiis, but
milv a fiction and policy of our state, thereby to
make the popish religion to be despised and in
disgrace.
Now lor these men, pity it were that the eve
of their understanding should not be enligli-
tcned and cleared, that so being by demonstra-
tive and luculcnt proofs convinced, they may
be to their prince and country truly converted.
First therefore concerning the delay, (though it
be true, ' Quod flugellatur in corde, qui lauda*
• tur in ore*) yet must I remember the great
pains of my lords the commissioners of his ma*
jetty's privy council in this cause : for Garnet
being first examined upon the 13th of the lost
221]
STATE TRIALS, 4 James I. 1006.— m the Gmpamder Plot.
[222
month, hath sithence been again examined
and interrogated above twenty several times,
which lasted to the 26th of March, within two
days of this arraignment. Touching the bill in
parliament, it was indeed exhibited before
Garnet was apprehended; bat his majesty's
gracious pleasure was, that albeit this treason
lie without all precedent and example, jet they
should quietly and equally be indicted, arraign-
ed, publickly heard, and proceeded withal in a
moderate, ordinary, and just course of law.
Concerning their apologies, and the fictions of
rtaffe (ns they term them), answer shall be
■ode, by God's grace, in the proper place,
when I come to lay open the plots and prac-
tices of the Jesuits, to the satisfaction of all
this honourable and great assembly. But first
I have an humble petition to present to your
lordships, and the rest of this grave auditory
for myself, in respect thai I am necessarily to
name great princes, yet with protestation and
caution, that no blot is intended to be laid
■pen any m£ them. I know there is ' Lex in
4 sermoue tenenda,' A law and rule to be ob-
Krved in speaking, especially in this kind ; and
that kings and great princes and the mighty
neo of this earth are to be reverently and re-
spectfully dealt withal : mid therefore I humbly
recommend unto you these considerations, con-
cerning this point of mentioning foreign states.
1st, Tnat the kingdoms were at tlmse times in
open enmity ^and hostility, and that might be
honourable at one time which was not so at
•aether ; so that hostile actions were then jus-
tifiable and honourable, as being in times of
hostility and war. 2dly, In these things it is
not the king's attorney that speaks, but Garuet
the Jesuit: as also that it proceedeth from an
inevitable necessity ; for that the examinations
ss well of this, as of the rest of the traitors,
cannot otherwise be opened and urged against
them : so is tlie mention of great men, by the
snpodency of tliese wicked tractors, woven
iaio their confessions, as tltey cannot be se-
TerecL — And with this comfort I conclude the
rrerace, That I hope in God this day's work,
■ the judgment ot so many as shall be atten-
tive and well disposed, shall tend to the glory
•f Almiglity God, the -honour of our religion,
the safety of bis most excellent majesty and
kit royal issue, and the security of the whole
commonwealth.
For Memory and method, all that I shall
speak may be contracted to two general heads.
1. I will consider die Offences, together with
certain circumstances, precedent before the
Ofteuce, concurrent with the Offence, subse-
(pKiit after the Offence. 2. I will lay down
some Observations concerning the same. — For
the proper name of this Offence, because I
aunt >peak of several Treasons for distinction
and separation of this from the other, I will
name it the Jesuits Treason, as belonging to
them both ' ex oangruo et condigno ;' they were
the proprietaries, plotters and procurers of it :
and in such crime* ' plus peccat author, quam
actor;' * the auther, or procurer, offendeth
more than the actor or executer:f as may ap-
year by God's own Judgment given against the
first sin in Paradise, where the serpent had
three punisluneuts indicted upon bun, as the
original plotter ; the woman two, being as the
mediate procurer ; and Adam but one, as the
party seduced. — Circumstances precedent and
subsequent so termed here, are indeed in their
proper natures all High-Treasons ; bat yet in
respect of the magnitude, nay moustrousness
of this treason, may comparatively, without
any discountenance to them in this case, he
used as circumstances. And because I am to
deal with the superior of the Jesuits, 1 will only
touch such 'treasons, as have been plotted and
wrought by the Jesuits, of whom this man was
superior ; and those treasons also sithence this
Garnet his coming into England ; whereof he
may truly say, ' Et quorum pars magna foi.'
The coming of this Garnet into England
(which very act was a treason) was about SO
years past, viz. in July 1586, in the 26th year
of the reign of the late queen, of famous and
blessed memory: whereas the year before,
namely the 27 th year of Elizabeth, there was a
statute made, whereby it was treason, for any,
who was made a Itouiish Priest by any autho-
rity from the See of Home, sithence the first
year of her reign, to come into her dominions :
which statute the Romanists calumniate as a
bloody, cruel, unjust and a new upstart law,
and abuse that place of our Saviour, * O Jeru-
' salem, Jerusalem, thou that killest the Pro-
' phets, and stonest them that are sent unto
' thee,&c.' Mat. xxiiLSf. to that purpose: but
indeed it is both mild, .merciful and just, and
f rounded upon the antient fundamental laws of
England, lor (as hath already in the former
Arraignments been touched) before the bull of
Ironius Pius Quintus, in the 11th year of the
queen, wherein her majesty was excommuni-
cated and deposed, and all they accursed who
should yield any obedience unto her, &c. there
were no recusants in England, all came to
church (howsoever popisidy inclined, or per-
suaded in most poiuts) to the same divine ser-
vice we now use ; but thereupon presently they
refused to assemble in our churches, or join
with us in pubhek service, uot for conscience
of any thing there done, agninbt which they
might justly except out of the Word of Goo,
hut because the pope had excommunicated and
deposed her majesty ,and cursed those whoshookl
ol>ey tier : and so upon this Bull ensued open
rebellion in the north, and many garhoils. But
see the event : now most miserable, in respect
of this Bull, was the state of liomiah recusants ;
for either they must be hanged for treason, iu
resisting their lawful sovereign, or cursed for
yielding due obedience unto her majesty. And
tlierefore of this pope it was said by some of
his own favourites, that he was * Homo piuset
* doctus, sed nimis eredulus ;' a holy and a
learned man, but over credulous ; for that he
was informed and believed that the strength «f
the Calholicksiu England was such, as was able
to have resisted the <j teen. But when the Bull
223] STATE TRIALS, 4 James I. 1606 — Trial qfllcnty Garnet, a Conspirator [224
was found to take such an effect, then was
there a dispensation given, both by Pius Quin-
tus himself, and Gregory the 13th, That all Ca-
tholicks here might shew their outward obedi-
ence to the queen, * ad redimenduui vexatio-
* nem, et ad ostendendam externam obedien-
* tiam.;' but with these Cautions and Limita-
tions : 1. * ltehus sic stantibus,' Things so
standing as they did. 2. Donee publica bulla;
' executio fieri posset ;' that is to say, They
might grow into strength, until they were able
to give the queen a mute, that the publick ex-
ecution of the said Bull might take place. And
all this was Confessed by Garnet uuder his own
hand, and now again openly confessed at
the bar.
In the 20th year of queen Elizabeth, came
Campion* the Jesuit and many others of his
profession with him, purposely to make a
Party in England for the Catholick cause, to
the end that the Bull of Pius Quintus might be
put in execution. And though all this while
recusancy, being grounded upon such a disloyal
cause, were a very dangerous and disloyal
thing ; yet was there no law made in that
behalf until the 23rd year of her majesty's
reign ; and that also imposing only a mulct or
penalty upon it, until conformity were offered
and shewed. Anno 26 Eliz. nunc Parry f with
a resolution from Cardinal de Coino, and
others, that it was lawful to kill her majesty, as
being excommunicated and deposed. Where-
upon her majesty entering into consultation
how (together with her safety, and the protec-
tion of her subjects) she mL-ht avoid the immi-
nent dangers, aud yet draw no blood from
these Priests and Jesuits, found out this mode-
rate and mild course as the best meant, to pro-
hibit their coming at all into her land ; there
never being any king who would endure, or
not execute any such persons, within their do-
minions, as should deny him to be lawful king,
or go about to withdraw his subjects from their
allegiance, or incite them to resist or rebel
against him. Nay, the bringing in of a Bull by
a subject of this realm against another, in the
time of Edward 1. was adjudged Treason. But
by the way, for that Garnet had exclaimed,
saying, Shew us where was your church liefore
Luther, design the place, name the persons,
and so foith ; it is answered by a comparison
of a wedge of pure gold, wlucb coming into the
hands ot impostors, is by their sophistications
and mixtures, for gain and worldly respects,
increased and augmented into ft huge body and
mass, and retaining still an outward fair sliew
and tincture of gold. Where is now the pure
gold, saith one, shew me the place ? 1 answer,
iu that mass ; but for the extracting thereof,
and purifying it froifl .dross, that must be
done by the art of the workman, and the trial
of the touchstone. So the true religion and
service of Almighty God, being for human res-
pects and worldly pomp, mixed and orerlnden
with a number of superstitious ceremonies and
1-1 - ' ' - . - ■ w—
• • See vol. 1. p. 1049. t Ibid. 1095.
inventions of man ; yet ever had God his true
church, holding his truth, which hath been by
skilful workmen, with the touchstone of the
Word of God, refined and separate from the
dross of man's inventions.
But to proceed : in the 28th year of queen
Elizabeth, being the year 1586, in June, came
Garnet into England, breaking through the
wall of treason ; being in truth, talus compn$itu$
ex proditwnt : and this was at that time when
the great Armada of Spain, which the pope
blessed, And christened by the uaine of * Ttie
Invincible Navy,' was by the instigation of that
high-priest of Home, preparing and collecting
together of many parcel**, out of divers parts,
where they could be bought, or hired, or bor-
rowed ; and therefore may be called a com-
pounded navy, having in it 158 great ships.
The purveyors and fore-runners of this navy
and invasion, were the Jesuits ; and Garnet
among them being a traitor, even in his very
entrance and footing in the land. But the
queeu with her own ships, and Iter own sub-
jects, did beat this Annada, God himself
(whose , cause indeed it wo*) fighting for us
against them, by fire, and seas, and winds, and
rocks and tempests, scattering all and destroy-
ing most of tbem : for ' offeuso creatore, orVeri-
* ditur omnis creatura,' The Creator being
offended, every creature is readily armed to-
revenge hi* quarrel : In which respect he is
called the Lord of Hosts. So that of 158,
scarce 40 of their ships returned to the bar of
their own haven ; and as it is reported, most
of them also perished : insomuch, that in this
respect, we may say of queen Elizabeth, as the
poet writ eth of the Christian emperor:
' O nimium dilecta Deo,cui militat aether,
* Et conjurati veniunt ad classica venti.'
Observe here, that about the time of this
invasion, there being in Spain met in consul-
tation about that business, the Cardinal of
Austria, the duke of Medina, count 1'uentes,
two Irish bishops, with sundry military men,
and amoogst other Winslade, an Englishman ;
the Irith bishops perceiving that they expected
a party of Cathohcks in England, resolved that
true it was, that it was not possible to do any
good here in England, unless there were a party
of Cutholicks made before-hand. But sucb,
said they, was the policy of England, us that
could never be elVected : for if any suspicion or
fear arose, the Catholicks should quickly be
either shut up, or quite cut off. Oh, saith an
old soldier there present, ' Hoc facit pro nobis,'
Tina makes for us ; for by that means their
souls shall go to heaven for their religion, their
'bodies to the earth fur their treasons, and
their lands and goods to us as conquerors: this
was indeed that they principally aimed at.—
Note here, that sithence die Jesuits set foot in
tins laud, there never passed four years with-
out a most pestilent and penlii ions tieason,
tending to the subversion of the whole state.
After that hostile Invasion in 88, the Jesuits
fell again to secret and treasonable practices :
for in the year 9», came Patrick Cullen, who
235]
STATE TRIALS, 4 James I. 160fl.—w the Gunpowder Plot.
[225
was incited by sir William Stanley, Hugh
Owen, Jaques Fraunces, and Holt the Jesuit,
and resolved by the said Holt to kill the queen;
to which purpose he received absolution, and
then the sacrament, at the hands of the said
Jesuit, together with this ghostly counsel, that it
was both lawful arid meritorious to kill her.
Nay, said Jaques, that base laundress's son,
(who was a continued practiscr both with this
CuUen and others, to destroy her majesty) the
Kate of Englaud is and will be so settled, that
unless mistress Elizabeth be suddenly taken
sway, oil the devils in Hell will not be able to
prevail against it, or shake it.
Now Cullen's Treason was accompanied
with a Book called ' Philopater/ written for
the abetting and warranting of such a devilish
act in general, by Cresswell the legier Jesuit in
Spain, under the name of Philopater.
Anno 94, came Williams and Yorke to the
same end, viz. to kill the queen ; being wrought
lo undertake so vile and detestable a fact by
lather Holt the Jesuit, and other his complices :
sad thereupon the said Williams and Yorke in
the Jesuits college received the Sacrament toge-
ther of father Holt, and other Jesuits, to exe-
cute the same. . And that treason likewise was
sccoropanyed with a book written by the legier
Jesuit ana rector of Rome, Parsons, under the
name of Doleman, concerning titles, or rather
tittles ; a leud and a lying book, full of fals-
hood, foreery, and malediction.
Anno 97, came Squire from Spain, to poi-
son her majesty, incited, directed, and war-
ranted by Walpole a Jesuit, then residing there ;
at whose hands likewise, after absolution, he
received the Sacrament, as well to put the
(•ractice in execution, as to keep it secret. All
ibe?e treasons were freely and voluntarily con-
fessed by the parties themselves under their
1 <mo hands, and y*?t remain extant to be seen.
In the year 1601, when practices failed, then
*at foreign force again attempted ; for then,
u in the former Arraignment hath been de-
dared, was Thomas Winter employed to the
king of Spain, together with Trsmond theJe-
tair, by this Garnet, who wrote his letters to
Arthur, alias Joseph Creswell, the only man
«aom I have heard of, to change his Christian
same, the legier Jesuit in Spain, for the further-
ance of that negotiation ; which was, us hath
been said, to offer the services of the English
Catholics to the king, and to deal further, con-
cerning an invasion, with promise from the Ca-
tholics here of forces, both of men and hoises,
to be in readiness to join with him. This ne-
gotiation, by the means of Creswell, to whom
Garnet wrote, took such effect, that the two
kingdoms standing then in hostility, the propo-
sition of the English Romish Catholics was ac-
cepted and entertained-; an army to invade, as
hacii been specified in the former Arraignment,
promised, and 100,000 crowns to be distributed
amongst Romanists and discontented persons,
•sling of a party in England, and for the fur-
therance of the s:tid service, granted. In the
mean time the king earnestly desired, Thut if
vol. j i.
the queen of England should happen to die, he ,
might receive present and ceitajn advertisement
thereof. — Now this Treason was accompanied
with the Pope's own writing : for now doth the
holy father cause to be sent hither to Garnet
two Briefs or Bulls, one to tho-clergy, and ano-
ther to the laity ; wherein observe the Title, the
Matter, the Time. The Tide of the one was,
' Dilectis Filiis, Principibus, ct Nobilibus Ca-
1 tholicis Anglicanis, Sa'lutein et Apostolicara,
' Benedictionem :' that is, To our beloved Sons
the Nobles and Gentlemen of England, which .
are Catholics, Greeting and Apostolical Bene-
diction. The Title of the other was, « Dilectis
* Filiis, Archipresbvtero, et reliquo Clero An-
■* glicano, &c.' To our beloved Sons, the Arch-
priest, and the rest of the Catholic Clergy.
The Matter was, that after the death of her ma-
jesty, whether by course of nature, or other-
wise, whosoever should lay claim or title to the
crown of England, though never so directly and
nearly interested therein, by descent and blood
royal; yet unless he were such an one as would
not only tolerate the Catholic (Romish) reli-
gion, but by all bis best endeavours and force
proi.iote ib, and according to the ancient cus-
tom would, by a solemn and sacred oath reli-
giously promise and undertake to perform the
same, they should admit or receive none to be
king of England : his words are these, ( Quan-
' tumcunque propinquitate sanguinis niterentur,
* nisi ejusmodi essent qui fidein Catholicam
* non niodo tolerarent, sed omni ope ac studio
' promoverent, et more majorutn jurejurando
1 se id pnestituros suscipcrent, &c.'
As for king James (at whom the pope aimed)
he hath indeed both propinquitatem and anti-
(juitatan re«alis sanguinis, propinquity and an-
tiquity of blood royal, for bis just claim and
title to this crown, both before and since the
conquest. To insist upon the declaration and
deduction of this point, and pass along through
the series and course of so many ages and cen*
turies, as it would be over long for this place,
so further 1 might herein seem as it were to
»ild gold : Only in a word, his majesty ib lineally
descended from Margaret the saint, daughter of
Edward, son of king Edmund, grandchild of
great Edgar, the Britain monarch. Which
Margaret, sole heir of the English-Saxon king,
was married to Malcojmc king of Scotland;
who by her had issue David the holy their king,
from whom that race royal at this day is deduced ;
and Maud the good, wife of the tirst and learn-
ed Henry king of England, from whom his ma-
jesty directly and lineally proceedctb, and of
whom a poet of that time wrote :
* Nee decor e flee it fragilcm, non sceptra su-
pcrham,
i Sola porens* htimilis, sola pudica derens.'
And lastly, his majt<ty roinelh of Margaret aUo
the eldest daughter of lltnry 7. #who was de-
scended of that famous union of those two fair
roses, the white and the red, York and Lancas-
» ter;p the effecting of which union cost the effu-
sion of much F.uulUii blood, o\ or and besides
fourscore tr thereabouts of the bljod royal.
227] STATlf TRIALS, 4- James I. 1600.— Trial of Henry Garnet, a Conspirator [22*
But a more famous union is by (he goodness of
the Almighty perfected in his majesty's persou
of divers lions, two famous, ancient and re-
nowned kingdoms, not only without blood, or
any opposition, but with such un universal ac-
clamation and applause of all sorts and decrees,
as it were with one voice, as never was seen or
read of. And therefore luost excellent king,
for to him I will now speak :
' Cum triplici fulvum conjungcleoneleonem,
' Ut varias atavus junxerat ante rosas :
' Majui opus varios sine pugna unire I tones,
' Sanguine quum varias cunsociusse rosas.'
These four noble and magnaniirlous lions, so
firmly and individually united, are able, with-
out any difficulty or great labour, to subdue and
overthrow all the Letters and Bulls, and their
calves also, that ha\ e been, or can be sent into
England.
Now fur the time, observe that these Bulls or
Briefs came upon the aforesaid negotiation of
Thomas Winter into Spain, at what time an
army should shortly after have been sent to in-
vade the land : And this was to be put in exe-
cution, ' quandocunquc contingeret miterum
• lllam fu?minaui ex h.ic \ita excedcre;' when-
soever it should happen that that miserable wo-
man, for so it pleased the high priest of Rome
to call great queen Elizabeth, should depart
this life. Was queen Elizabeth miserable r It
is said that ' Miseria constat ex duobus con-
' trariis, scilicet, copia et inopia ; ex copia tri-
' bulationis, et inopia consolationis.' Was she,
I say, miserable, whom Almighty CJod so often
and so miraculously protected, both ' from the
• arrow that flieth by day,* their great Armada,
' and from the pestilence that walketh in the
' darkness,' their secret and treacherous conspi-
racies? that did beat her most potent enemies?
that set up a king in his kingdom? that defend-
ed nations, and harboured and protected dis-
tressed people ? that protected her subjects in
peace and plenty, and had the hearts of the
most and the best of her subjects? that reigned
religiously and gloriously, and died C-hristinnly
and in peace ? Oh blessed queen, our late dear
sovereign, ' semper bonus noincnque tiuim lau-
4 desque manebuut.' But queen Elizabeth of
famous memory, (for ' Memoria ejus semper
' erit in bencdictione') as a bright morning-star,
in fulness of time lost her natural light, when
the great and glorious sun appeared in our ho-
rizon. And now sithence the coming of our
great king James, there have not passed, I will
not say four, nay not two moirhs, without some
treason. First, in March 1603, upon the death
of her majesty, and before they had seen his
majesty's face, was Christ. Wright employed
into Spain, by Garnet, Cateshy, and Trishum,
to give advertisement of the queen's death, and
to continue the former negotiation of Thomas
Winter; and by him also doth this Garnet write
to Creswell the Jesuit, in commendation, and
for assistance and furtherance of his business.
As also on the 22nd of June following, was
Guy Fawkes teot out of Flanders, by Baldwin
the Jesuit, by sir William Staplcy and Hugh
Owen about the same treason ; and by letters
from Baldwin directed and commended to Cres-
well the legier Jesuit in Spain, for the procuring
of his dispatch, as in the former arraignment
hath been declared. — In the same June doth
.Garnet the Superior, together with Gerrard and
other Jesuits and Jesuited Catholics, labour not
only in providing of horses, which by Thomas
Winter and Christopher Wright, upon their se-
veral negotiations, they, in the names of all the
Catholics in England, had promised the king of
Spain, to assist and do him service withal, at
such time as the said king should send his forces
to invade, either at Mil ford Haven, or in Kent,
as hath before been shewed ; but also did, by
force of the said two Bulls or Britis, dissuade
the Romish Catholics from yielding their due
obedience to his majesty, for that he was not of
the Roman religion : contrary to the practice
of the true church and churchmen, that under-
go wars, ' ferendo, non feriendo/ with patience
not with strokes; their weapons being properly
1 orationes et lachrymal,* prayers and tears.
On the same June 9, which was in 1603, 1
Jac. brake out likewise the Treason of the Ro-
mish priests, Watson and Clarke, as also that
other of sir Walter Raleigh and others. But
the Jesuits seeing that the peace was now in
great forwardness, and having advertisement,
also, that the king of Spain did now distaste
their propositions, so that there was no further
hope left for force ; then fell they again to se-
cret practice. As for the bulls or briefs before
mentioned, when Catesby had informed Garnet
that king James was proclaimed, and the state
settled, they were by Garnet, as himself hath
ailirmed, burnt. But to proceed :
In March 1603, Garnet and Catesby (a
pestilent traitor) confer together, and Catesby
in general tellelh him (though most falsly), That
the king had broken promise with the catho-
licks, and therefore assuredly there would be
stirs in England before it were long. In Sep-
tember following, meets Catesby and Thomas
Percy: and after an unjust, hut a grievous
complaint made by Cateshy of the king's pro-
ceedings, for that contrary to their expecta-
tions, his majesty both did hold, and was like
continually to run the same course which the
queen before had held ; Percy presently breaks
forth into this devilish speech, That there was no
way but to kill the king, which he the said
Percy would undertake to do. But Catesby, as
being * \ersuto ingenio et profunda perhdia,' a
cunning, u wily, and a deep traitor, intending
to use this so furious and fiery a spirit to a
further purpose, doth as it were stroke him for
his great forward ne^, yet with sage and stayed
counsel tells him ; No loin, thou shalt not ad-
venture thyself to so small purpose : If thou
wilt be a traitor, there is a plot to greater ad-
vantage, and such a one as can never be dis-
covered, viz. the Powder- treason.
In January, in the 1st year of his majesty, Gar-
net took out a General Pardon under the Great
Seal of England of all treasons (which pardon
229)
STATE TRIALS, 4 James I. 1606.— in the Gunpowder Plot.
[230
his majesty of his grace granted to all men at his
first entrance into his kingdom) under the name
of Henry Garnet of London, gent, hut therein
be never used any of his * alias dictus,' W alley,
Farmer, or any other of his feigned names.
But Catesby fearing lest any of those whom he
had or should take into confederacy, being
touched in conscience with the horror of so
damnable a fact, might give it over, and en-
danger the discovery of the plot, seeks to
Garnet, (as being the superior of the Jesuits,
and therefore of high estimation and authority
amongst all those of the Romish religion) to
have his judgment and resolution in conscience,
concerning the lawfulness of the fact, tint
thereby he might be able to give satisfaction to
any who should in that behalf make doubt or
scruple to go forward in that treason. And
therefore Catesby coming to Garnet, pro-
pounded unto him the case, and nskcth, Whe-
ther for the good and promotion of the Catho-
lick cause against hereticks, (the necessity of
time and occasion so requiring) it be lawful
or not amongst many noccnts to destroy and
take away some innocents also. To this ques-
tion Garnet advisedly and resolvedly answered,
That if the advantage were greater to the
Catholic part, by taking away some innocents
together with many nocents, then doubtless it
should be lawful to kill and destroy them a)!.
And to this purpose he n Hedged a comparison
of a town or city which was possessed hy an
tneuiy, if at the time of taking thereof there
happen to be some few friends within the place,
they must undergo the fortune of the wars in the
general and common destruction of the enemy.
And this resolution of Garnet, the superior of
the Jesuits, was the strongest, and the only
bond, whereby Catesby afterwards kept and
retained all the traitors in that so abominable
and detestable a confederacy ; for in .March
following, Catesby, Thomas W inter, ar.fi others,
resolve upon the Powder-Plot : and Fuv.kesas
being a man unknown, and withal a desperate
person and a soldier, was resolved upon as lit
for the executing thereof, to winch purpose he
was in April following by Thomas Winter
fought and fetched out of Flanders into Knglnnd.
In May, in the ¥d year of his majesty, Catcs-
hj, Percy, John Wright, Thomas Winter, and
Fankes meet: And having, upon the hoh
evangelists, taken an onth of secrecy and con-
stancy to this effect :
• \ou shall swear by the blessed Trinitv,
'and by the sacrament you now mtrnosc to
' rcrcite. never to disclose directly or indirect I v,
• * *
• kv word or circumstance, the matter that
4 shall be proposed to you to keep secrc\ nor
' desist from the execution thereof, until the
' rest *f mil give you leave :'
TJicy all were confessed, had absolution, and
received thereupon the sacrament, by the hands
of Gerrard the Jesuit then present.
In June following, Catesby and Grecnwell
the Jesuit confer about the Powder-Treason.
And at Midsummer, Catesby ha\ing speech
with Garnet of the Powder-Treason, they said,
That it was so secret, as that it mu»t prevail
before it could be discovered. Then Garnet
seemed to desire that the Pope's consent might
be obtained : but Catesby answered, That he
took that as granted by the pope in the two
Bulls or Brieis before ; for that, said be, if it
were lawful not to receive, or to repel him, as
the said Bulls or Briefs did import, then is it
lawful also to expel or cast him out.
Upon the 7th of July, 160), was the parlia-
ment prorogued until the 7th of February.
And in November following, Thomas Bates,
being (as hath been declared more at large* in
the former arraignment) fetched in by Catesby,
his master, to participate in the Powder-Trea*
son, for better assurance of his secrecy, and
prosecution thereof, is by Green* ell the Jesuit
confessed, encouraged, and told, That being
for a good cause, he might and ought, not only
conceal it as committed unto him in secret by
his. master; but further said, That it was no
offence at all, but justifiable and good. — About
this time was Robert Kcyes taken into the con-
federacy, and by Catesby resolved of the law-
fulness thereof from the Jesuits.
On the Uth of December, they entered the
mine : and in March following, which was in
1605, w as Guv Tawkcs sent over to sir William
Stanley, with letters from Garnet to Baldwin
the leiricr Jesuit there, to take order, That
against the time of the blow, the forces might
be brought near to the sea-side, to the end
that they might suddenly be transported into
England" And there d.>*th Pawkes, hy consent
of the confederates, give Owen the oath of
secrecy and perseverance, and then acquaints
hiin with the whole treason: Who having been
a most malicious and iin etc rate traitor, greatly
applauded it, and nave his consent and counsel
for the furtherance thereof.
\\\ May 1C05, fell out certain broils in Wales
by the/UoniMi Catholicks; at what time also
Hoo'hMood was by Catesby acquainted with
the Powder-Treason, ar.d resolved of the law-
fulness of the fact by hiin as from the Jesuits.
Now doth Gurnet write to the Pope, That
commandment might come from his holiness,
or else from Aquaviva the gincralof the Je-
suits, for the staying of all commotions of the
Catholicks here, in Knjihmd, intending indeed
to set their v. hole rest of the Catholick ItomUh
cause upon the Powdcr-lMo?, and in the mean
time to lull us asleep in st airily, in renpect
of thf ir dissembled quictne«s and t» nionnsty ;
as also lest impediment might be oiftrtd to
this main plot hy reason of any suspicion of the
stirritii of PapMs, or of iuquii\ after them
upon occasion of ae\ petty commotions or
broils. But when he further desired, that it
might be h> enjoined upon censures, that lat-
ter request was not granted, lest it might in-
deed be an impedim* ut to the Powder-Plot.
\\\ June following doth Green well the Jesuit
consult with Garnet lis Mipcrior, of the whole
course of the Powder- Tieason at large; wherein
observe the politick mid Mihtlc dea>ing of this
Gurnet. Fir*t, he would not, as he saith,
231] STATE TRIALS, 4 James I. 1606 Trial qf Henry Garnet, a Conspirator' [232
confer of it with a layman, (other than Catesby
whom he so much trusted) why so ? Because
that might derogate from the reverence of his
place, That a Jesuit and a superior of them,
should openly join with laymen in cause of so
much blood. And therefore, secondly, as he
would consult of it with a priest and a Jesuit,
one of his own order, and his subject ; so for
his further security, he would consult thereof
with ( /ret n well the Jesuit, as. in a disguised
coufcsaioii. And being informed that the dis-
course would be too long to repeat kneeling, he
answered that he would consult with him of it in
confession walking; und *o accordingly in ah
ambulatory confession, he At large discoursed
with him of iln» whole plot of the Powder-
Treason ; and that a prottctor, after the blow
given, should be cho>en out of such of the no-
bility as should be warned and reserved.
In this month likewise was there a great
conference and consultation betwixt Garnet,
Catesbv, and Francis Treshani, concerning the
strength of the Catholicks in England, to the
end that Garnet might by letters send direct .
advertisement thereof to the Pope; for that his
holiness would not be brought to shew his in-
clination concerning any commotion or rising
of the Catholick party, until such time as he
should be certainly informed that they had
sufficient and able force to prevail.
And in August following, Garnet in a con-
ference had ab >ut the acquainting of the Pope
with ihe Powder-Tieason, named and appoint-
ed sir Edmund Bay nam for to carry that mes-
sage to the pope ; yet not to him as pope, but
to him as a temporal prince : and by him doth
Garnet write letters in tint beh-df; as also for
staving of commotions, under pain of censures,
well knowing that before his letters could be
answered, the house of parliament, according
to their designs, should have been blown up,
and the whole slate overthrown. But this
trick he used like a thief, that going to steal
and take partridges with a setting-dog, doth
rate his dog for. questing, or going too near,
until he hath laid his net over them, for fear
the game should be sprung, and the purpose
defeated.
In this month al*o doth Garnet write to
Baldwin the legier Jesuit in the Low-Countries,
in the behalf of Catesby, that Owen should
move the marquis for a regiment of horses for
him the said Catesby ; not with any intent, as
it was ugteed, that Caieshv should undertake
any such ciiargr, but that under colour of it,
horses and other necessaries mi^ht be provided
without Misp.rifin to furnish the triitors.
In September followim* doth Parsons the
Jesuit write to Garnet to know the particulars
of the project in hand, for the journey to St.
Winifred's well in this month, ft was but a
jargon, to have better opportunity, by colour
thereof, to confer and retire themselves to
those parts. — la October doth Garnet meet the
other traitors at Coughton in Warwick si lire,
which was the place of rendezvous, whither
tkey resorted out of all countries. — Upon the
first of November, Garnet openly prayeth for
the good success of the great action, concern-
ing the Catholick cause in the beginning of
the parliament : and prayer is more than con-
sent ; for ' Nemo orat, sed <pii sperat et credit/
He in the prayer used two verses of a hymn,
' Gentem auferte pe'rlidam credentium de fini-
( bus ut Christo laudes debitas persolvauius ala-
* enter.'
Now was the Letter with the lord Montea-
gle, * whose memory shall be blessed, on the
4th of November ; hy the providence of the
Almighty, not many hours before the Treason
should liave been executed, was it fully disco-
vered.
On the 5th of November, being the time
when the Traitors expected that their devilish
practice should have taken effect, they con-
vented at Duuchurch, under colour of a great
hunting-match, appointed by sir Everard Digby,
as being a man of quality and account there-
about; purposing by this means to furnish
themselves with company for their intended
insurrection and rebellion : for that men being
gathered together, and a tumult suddenly
raised, the traitors thought that every or most
of them would follow the present fortune, and
be easily persuaded to take part with them ;
and that they might easily surprize, the person
of the lady Elizabeth, then being in those
part«, in the lord Harrington's house.
Upon the 0th of November, early in the
morning, Catesby and the said confederates dis-
patched Tho. Bates with a Letter to Garnet
the superior of the Jesuits, who was (as they
well knew) then ready at Coulton, near unto
them, earnestly entreating his help and assist-
ance for the raising of. Wales, and putting so
many as he could into open rebellion. At what
time Garnet and Greenwell (who then of pur-
pose was there with Garnet) then certainly
perceiving that the plot was indeed discovered,
and knowing themselves to be the chicfest au-
thors* thereof, prophesied the overthrow of the
whole order of the Jesuits ; saying, that they
feared that the discovery and miscarrying of
this practise, would utterly undo and overthrow
the whole society of the Jesuits. But Green-
well the Jesuit being carried with a more vio-
lent and fiery spirit, posteth up and down to
incite such as he could to rise up in open re-
bellion : and meeting in master Abington's
hou^e with Hall, another Jesuit, adviseth him
the said Hall likewise to lose no time, but forth-
with to seek to raise and stir up so many as he
could ; but Hall seeming to deliberate thereof,
whether seeing no end of so rash an attempt,
or feariug by that means to be himself appre-
hended, Tesinoud told him that he was a fleg-
matick fellow : and said, a man may herein see
the difference betwixt a fiegntatiek man (such
as he meant Hall was) and a cholerick, as he
said himself was : and further added, that he
was resolved to do his best endeavours for the
raising of a rebellion, under this false pretext
■ ■ ■ ■■■■■■■ ■
♦ See p. 19r,
233]
STATE TRIALS, 4 James I. 160G — in tlie Gunpowder Plot.
[234
and colour, that it was concluded that the
throats of all the catholics In England should
be cut; so persuading himself to incite them to
take arms for to stand upon their guard and
defence: and with this devise he posted away
into ,the county of Lancaster. Afterwards
Hall the Jesuit, otherwise called Oldcorn, being
urged by Humphrey Littleton with the evil
success of their intended Treason, that surely
God was displeased and offended with such
Moody and barbarous courses, instead of an
bumble acknowledgment of the justice of God,
sad a sense of the wickedness of the Treason,
fell rather Satanically to argue for the justifica-
tion of the same : and said, Ye must not judge
the caose by the event ; for the eleven tribes of
Israel were by God himself commanded to go
and fight against Benjamin, yet were they
twice overthrown : so Lewis of France fighting
against ibe Turk, his army was scattered, and
himself died of the plague : and lastly, the
Christians defending of Rhodes, were by the
Turks overcome. And these he applied to the
Powder-Treason, and persuaded Littleton not
to judge it ungodly or unlawful by the event.
Observe here a double consequent of this
Powder-Treason. First, open rebellion, as
bath been shewed both immediately before,
and more at large in the former arraignment ?
tad since that, blasphemy in Garnet the supe-
rior of the Jesuits ; for, he having liberty in the
Tower to write, and sending a letter (which
letter was openly shewed in the court before
aim) to an acquaintance of his in the Gate-
House, there was nothing therein to be seen
bat ordinary matter, and for certain necessa-
ries : but in the margin, which he made very
great and spacious, and underneath, where
there remained clean paper, he wrote cunningly
with the juice of an orange, or of a lemon, to
publish his innocency, and concerning his
usage; and there denieth those things which
before he had freely and voluntarily confessed :
sad said, that for the Spanish Treason, he was
freed by his majesty's pardon ; and as for the
Powder Treason, he hoped for want of proof
against him, to avoid that well enough : but
coocludeth blasphemously, applying the words
which were spoken of our blessed Saviour, to
himself in this damnable Treason* and saith,
' Xecesse est ut homo moriatur pro populo :'
'It is necessary that one man die for the
'people:' which words Caiaphas spake of
Christ. Wherein note his prevarication and
equivocation; for before the Lords Commis-
sioners he truly and freely confessed his Trea-
sons, being (as himself under his own hand
confesseth) overwhelmed ' tanta nubetestimn;'
and yet ' ad faciendum populum,' in his Letters
which he wrote abroad, he cleareth himself of
the Powder-Treason. And thus much con-
cerning the two circumstances subsequent,
which were rebellion and blasphemy.
The Circumstances concurring, are concern-
ing the persons both offending and offended.
For the principal peraon offending, here at the
bar, be is, as yon nave heard, a man of many
names, Garnet, Wally, Darcy, Roberts, Far-
mer, Philips : and surely I have not commonly
known and observed a true man, that hath
had so many false appellations : he is by
country an Englishman, by birth a gentleman,
by education a scholar, afterwords a corrector
of the common law print, with Mr. Tottle the
printer; and now is to be corrected by the
law. He hath many gifts and endowments of
nature, by art learned, a good linguist, and by
f>rofession a Jesuit, and a superior, as indeed
le is superior to all his predecessors in devilish
Treason ; a doctor of Jesuits, that is, a doc-
tor of five DD's, as dissimulation, deposing of
princes, disposing of kingdoms, daunting and
deterring of subjects, and destruction.
Their dissimulation appeareth out of their
doctrine of equivocation : concerning which it
was thought fit to touch something of that
which was more copiously delivered in the
former arraignment, in respect of the presence
of Garnet there, who was the superior of the
Jesuits in England, concerning the treatise of
equivocation seen and allowed by Garnet, and
by Blackwell the archpriest ; wherein, under
the pretext of the lawfulness of a mixt pro-
position to express one part of a man's mind,
and retain another, people are indeed taught
not only simple- lying, but fearful and damna-
ble blasphemy. And whereas the Jesuits ask,
why we convict and condemn them not for
heresy ; it is for that they will equivocate, and
so cannot that way be tried or judged accord-
ing to their words.
Now for the antiquity of equivocation, it is
indeed very old, within little more than three
hundred years after Christ, used by Arius the
here tick, who having in a general council been
condemned, and then by the commandment of
Constantine the emperor sent into exile, was
by the said emperor, upon instant intercession
for him, and promise of his future conformity
to the Nicenc faith, recalled again : who re-
turning lioine, and having before craftily set
down in writing his heretical belief, and put it
into his bosom, when he came into the presence
of the emperor, and had the Nicene faith pro-
pounded unto hiin, and was thereupon asked,
whether he then did indeed, and so constantly
would hold that faith, he (clapping his hand
upon his bosom where his paper lay) answered
and vowed that he did, and so would constant-
ly profess and hold that faith (laying his hand
on his bosom where the paper of his heresy
lay) meaning fraudulently (by way of equivo-
cation) that faith of his owu, which he ha<l
written and carried in his bosom.
For these Jesuits, they indeed make no vow
of speaking truth, and yet even this equivocat-
ing and lying is a kind of unchastity, against
which they vow and promise : For as it hath
been said of old, ' Cor linguae foederat natuna
' sanctio, veluti in quodam certo connubio :
* ergo cum dissonent cor et loquutio, senno
' concipitur in udulterio/ That is, The law
and sanction of nature, hath, as it were, mar-
ried tho heart and tongue, by joining and kn}tt*»
23j] STATE TRIALS, 4 James I. 1600*.— Trial of Henry Garnet, a Conspirator [230
ing of them together in a certain kind of mar-
riage ; and therefore when there is discord be-
tween them two, the speech that proceeds
from them, is said to be conceived in adultery,
and he that breeds such bastard-children of-
fends against chastity.
But note the heavy and woeful fruit of this
doctrine of equivocation : Francis Tie^ham be-
ing near hi* natural death in the Tower, had of
charity his wife permitted, for his comfort, to ''
come unto him : Who understanding that her
.husband had before directly and truly accused
Garnet of the Spanish treason, lest belike her
husband should depart this life with a coiisri- '
cuce that he had revealed any thing concerning !
the superior of the Jesuits, a very little befoie !
he died, drew him to this ; that his own hand
being so feeble as that he could not write him-
self,' yet he caused his servant then attending
on him, to write that which he did dictate, and
therein protested upon his salvation, That he
had not seen the said Garnet of 16 years he-
fore, and thereupon prayed that his former con-
fession to the contrary might in no wise take
place; and that this paper of his retractation
which he had weakly and dyingly subscribed,
might, after his death, be delivered to the carl
of Salisbury : Whereas master Garnet himself
hath clearly confessed the Spanish treason, and
now acknowledged the same at the bar ; and
he and Mrs. Fawkes, and others, directly con-
fess and say, That Garnet and Troluin had,
within two years space, been very often t-;iie-
ther, and also many times before : Hut, ' quSis
' vita, finis ita.' And ('timet himself, being at
the bar afterwards urged to miv what he thought
of such the departure of Francis Tresham out
of this life, answered only this ; I think he
meant to equivocate.
Thus were they stained with their own works,
and went a whoring with their own inventions,
as it is in the psalm. So that thi-, is indeed
* Gens perfidn/ according to the hymn, A
perfidious people; and tucrcfoic, 'Jurat?
' credc minus, non jurat? credere noli. Jurat,
' non jurat ho.-tis, ah h:»te ciw:.'
For l heir doctrine of deposing of prince*, Si-
manca and Philoputcr are plain, as tiatli in the
former arraignment been more amply declared,
and was now again at largo to Garnet's face
repeated: If a prince bean heretick, then is
he excommunicated, cursed, and deposed ; his
children deprived of all thejr right of succes-
sion, himself not to be restored to his temporal
estate upon repentance. And by an heretick,
they profess, that ho i; intended and meant,
namely, whosoever dolh not hold the religion
of the church of Rome. Nov, there is an
easier and more expedite way than all these to
fetch olf the crown from oil* the head of any
king christened whatsoever; which is this
.Thai ' Princept indulgcndo luereticis, amittit
mmmmm. * it nny prince shall but tolerate or
eth his kingdom. Nay,
of this usurped
-f Rome, oUcdged,
ft^ decretals; in
the very next title before that, there is ano-
ther decree that pusseth all w e have recited ;
wherein it i* shewed, that Zacharv the pope
deposed Childerick of France, for nothing else
l!ier" specified, ' sed quia inutilis,* but only for
thai he was reputed unprofitable to govern.
Now pr onccrning their daunting aud de-
terring of subject?, w l.ich is a part of the Je-
suits profession ; it weie good that they would
know and Mile nber, how that the most noble
and famous kin sis of 1 -upland never were afraid
of pope** bulls, no nor in the very midnight of
popery, as Kdwi.rd the Con lessor, Henry 1,
Edward 1, Uichard -2, Henry -1, Henry 5. cVc.
And in the tinu- <.l' Henry 7, and in all theif
times, the pope's legate never passed Calais,
hut staid thee, aud came not to England, un-
til he had taken a solemn oath to do nothing to
the detriment of the crown or state.
For the Persons offended, they were these :
1. The King, of win mi 1 have spoken often,
but never enough : A king of hi-ih and most
noble ancient descent, as hath been briefly de-
clared ; and in himself full of all imperial vir-
tues, religion, justice, clemency, learning, wis-
dom, memory, affability, and the rest. 2. The
Queen ; and she, in rtspi ct or her happy fruit-
fulness, is a great blessing, insomuch that of
herf in that respect, may be said, she is * Ortu,
* magna, viro major, sed maxima prole ;* great
in birth, greater in her marriage, but to all
poMcrity greatest, in the blessed fruit of her
womb, as having brought forth the greatest
prince that ever England had. 3. The noble
Prince, of whom we may say, with the poet,
' Qua? te tain lwta tulcrc secula ? Qui tanti ta-
* h:m genucre parentes ?' Never prince, true
lit-hxippurent to the imperial crown, had such
a father, nor ever king hail such a sou. 4.
Then the whole royal issue, the council, the no-
bility, the clergy, nay our religion itself, and es-
pecially this city of London, that i«> famous for
her richer, more famous for her people, having
above 500,000 soul* within her and her liber*
ties, most famous for her fidelity, and more
than most famous of all the cities in the world
for her true religiuii aud ten ice of (rod : Hold
up thy head, noble city, aud advance thvself,
for that never was thv brow blotted with the
least taint or touch, or suspicion of disloyalty :
Thou mavost truly say with the j*rophet David,
' I will take no wicked thing in hand, I ha^e
* the sin of unfaithfulm v, there shall no such
' cleave unto me.' Therefore lor thy fidelity
thou art honoured with the title of 'The King's
Chamber/ as mi inward place of hi* greatest
safety : And for thv comfort and jov tuis dav.
hath Britain's great kin.; honoured thee with
the proceeding up»»n thi- great and honourable
commission: nib r the heaw aud doleful ru-
rnnurs this other da;-, when it wa> ccitainly
known that king James wn3 in safety, well did
the fidelity of this city appear, (whereof I was
an eye-witness) • Una voce cone lainaverunt
' omnes, snlva Jjondinum, sulva patria, salva
1 rcligjo, Jacobus rex noster salvus ;* * Our
* city, our country, our religion is safe, for our
' king James is in safety J
337] STATE TRIALS, 4 James I. 1606.— in tlie Gunpowder Plot. [23$
The Observations arc many, and only in a 2. The second thing is, How this Treason
word to be touched : 1. That in the Spanish being long sitbence plotted, the Providence
treason before-mentioned, and this * Powder- of God did continually from time to time divert
treason, there was the same Order, Cause and aud put off the executing thereof, by unex-
Eod. The Order was, first, to deal by secret pected putting oiV the times of assembly in
practice and treusou, and then by force and in- pailiaraen*. For the parliament began the 19th
Tasion. The Cause which they pretend, was of March, in the first year of his majesty's
the Romish Catholick Religion. The End was feign, and continued till the 7th of July iollow-
the final destruction of the royal succession, ing, before which time the conspirators could
yea, even < occidere rognnm,' to overthrow and not be ready, from thence it was prorogued
dissolve the whole kingdom. 2. Note, that e\ en until the 7th of Feb. against which time they
the enemy hath acknowledged, that our state is could not make the mine ready, in respect that
» settled and established, as neither strength they could not dig there, for that the commis~
nor stratagem "can prevail, unless there be a sioners of the union sat near the, place, and the
party made in England. 3. We shall never wall was thick, and therefore they could not be
lave Bull more to come from Rome to Eng- provided before the 7th of Feb. ; and on the
and, because they shall never have a party 7th of Feb. the parliament was prorogued until
itroiig enough to encounter with so many lions, the 5th of October. After this, they found
4. All their canons, decrees, and new-found another course, and altered the place from the
doctrines tend to one of these two ends; either mine to the cellar. O blessed change of so
worldly pride, or wicked policy ; for the am- wicked a work ! Oh ! but these fatal engineer*
plitude and enlargement of the pope's autho- are not yet discovered, and yet all things are
rity, and for the safety of the Jesuits, priests, prepared. Oh prorogue it once more f And
Ace. 5. Obsen e that Baynam, a layman, ami accordingly, God put it into his majesty's heart
one of the damned crew, and so naming him- (having then not the least suspicion of any
self, was sent to inform the pope as a temporal such matter) to prorogue the parliament ; and
prince. 6. I conceive their fall to be near at further, to open and enlighten liis understand -
hand, both by divinity and by philosophy. For iug, out of a mystical and dark letter, like an
the first, there are now in England about 400 angel of God, to point to the cellar, and coin-
priests : so many were there in Israel in the mand that to be searched ; so that it was dis-
days of Ahab; < Who/ snith God, * shall go covered thus miraculously, but even a few
and deceive Ahab, that he may fall V A lying hours before the design should hare been
spirit in the mouths of his 400 prophets under- executed.
took and effected it ; their fall was near, when The Conclusion thereof shall be this ; * Qui
once a lying spirit had possessed the priests, 'cum Jesu ids, non itis cum Jesuiiis:' For,
according to the vision of Micheas, as it now ' They encourage themselves in mischief, and
hath possessed the Jesuits : 2dly, the imitation 'commune among themselves secretly, how
of good for the most part comes short of the ' they may lay snares, and say, that no man
pattern ; but the imitation of evil ever exceeds ( shall sec them. But God shall suddenly shoot
toe example. Now no imitation can exceed ' at them with a swift arrow, that they shall bo
this fact, and therefore their time is at an end. ' wounded: insomuch that whoso sccth it shall
7. Many condemn it now, that would hate ' ssjy, this hath God done; for ihey shall per-
commended it, if it had taken effect ; for this, ' ceivethat itis his work/
mj thev, is * E numero eorum quae non laudan- Tl * „ , _, c c -
*'•■'' _• > o in i' i • II , j hen were repeated the proofs for every of
tor nisi peracta. 8. They and their adherents ., ^ • , r .. * . . . J .
a *L i c i J *i l *i i • the particular accusations aforesaid, by the
spread abroad false rumours ; as that the kim; r , , . r ..'r/
T , , , . , *. . . express and voluntary confessions of Garnet,
Mould nave broken promise with them concern- \ cl i- *i i i r.
■ . • „' i- i • . r/« i« and of his comnlices themselves, and of two
Ac toleration : m hich mixture of God s service, ,-, , . .. .' , .
"T* „. , i i ir l iii credible witnesses sworn at the bar- and openly
ruber than he would sillier, he wou'd lose. , , _ . _ ^ , , . . J , * J
. .. ... , ,. y x- .• heard viva voce, and acknowledge! by Garnet
children, crown, lite, and all. Nay, they may ,■ ,r# , ' ■ , f- J
. ' . ,i , - r • . ' , * J himself to be men without exception,
tee there i* no such liope lefr, for tir.it his ma- *
jetty bringcth uji his royal i-sne iu the true Then Mr. Garnet having licence of the
fthgion and service of the Almighty. court to answer what he could for himself,
Lastly; Observe the wonderful Providence spake, and divided all which had been objected,
of God in the'a(hnirable Discovery of this S*i- to his remembrance, into four parts, vi/. Con*
perior Jesuit to be party to thi* Treason ; aud toining matter of, 1st, Doctrine. 2dly, Kocu-
that in two respects: 1. In rc>pe't of tin; suits 3dly, Jesuits* in general. 4thly, Himself
Beans of secrecy, used by him in conference in pellicular.
only with C:ittsby of the laitv. U. They had r-r, In Doctrine, he remembered two points:
* ttroug and a deep oath giwn them both for 1. Conccrnm*: lOjui vocation : whercunto he
secrecy and perseverance. 3. Th'-y hereupon answered, That their church condemned nil
feceived the holy .Sacrament. 4. They were lying, hut especially if it be in cause of religion
allowed and taught bv the Jesuits, to equivocate and faith, that being the most pernicious lye
■pon oath, salvation or otherwise: and ho-v of al! others and by St. AiiL'Ustinc rnndeinned
u>n should it be discovered ? 5. Their svcrel in the ITiM;ialliaiii>l? : nay, to l\e in any
intelligence was such, as that it was impossible cmi^u is' held a sin and cwl ; howsoever of
by the wit of wail to be found out. And ei^ht degrees which St. Au^ustiue znakcth, the
therefore,
lowest indeed is to lye for to procure the good
of some, without hurting of any. So then our
equivocation is not to maintain lying, but to
defend the u»e of certain propositions : for a
man may be asked of one, who hath no autho-
rity to interrogate, or examined concerning
something which belongeth not to his cogni-
zance who asketh, as what a man thinketh,
cVc. So then no man may equivocate, when he
ought to tell the truth, otherwise he may. And
so St. Augustine upon John saith, That Christ
denied he knew the day of judgment, viz. with
purpose to tell it to his disciples ; and so St.
Thomas and others who handle this matter,
chiefly under the title of Confession.
2. For the second point, which was the
power of the pope in deposing of princes, his
Answer was threefold. 1. That therein he
only propounded and followed the general doc-
trine of the church. 2. That this doctrine of
the power of the pope, was by all other Catho-
lick princes tolerated without grievance. 3.
That yet for his own part, he always made a
difference in the matter of excommunicating
and deposing of princes, betwixt the condition
and state of our king and of others, who having
sometimes been Catholicks, did or shall after-
wards full back. As for Simanca, and other
writers, whatsoever they' set down of the de-
posing of hereticks, it is to be understood of
those princes, who, having sometimes professed
the faith of the Church of Rome, do after-
wards make a defection from the same.
2dly, For Recusants ; 1 . I desire them not
to impute any offence or crime of mine, to the
prejudice of the cause of religion. 2. Con-
cerning their not going to church ; whereas it
was urged by Mr. Attorney, that the ground
of their not going to church, was the excommu-.
nication and Bull of Pius Quint us; and that
now they may go, for that his majesty is not
denounced excommunicate : I answer, That it
followeth not ; for the Arians and Catholicks
had the same service in their churches, yet
came they not together; and I know divers
myself, who, before that Bull, refused to go to
church all the time of (juecn Elizabeth, though
perhaps most Catholicks did indeed go to
church before. It was about the end of the
council of Trent, where this matter was dis-
cussed by twelve learned men, and concluded
not lawful. And this was occasioned, for that
Calvin himself held it not lawful fur any Pro-
tectant to be present, not only nt our muss,
wherein perhaps they may say there is idolatry,
but not at our even-song, being the same with
theirs.
Sdly, Concerning the Jesuits, he said, That
if any were privy to such horjible treasons,
it was impious, especially in men of their pro-
fession : but said, that he talked with some of
them about it, and that they denied it.
4thly, Touching myself, The Negotiation
into Spain was indeed propounded unto me,
and I was also acquainted with the negotiation
for money, but ever intended it should be be-
stowed for the relief of poor Catholicks : but
-Trial of Henry Garnet,, a Conspirator [240
when they were tliere, they moved for an army ;
which when they afterwards acquainted mo
withal, I«raisliked it, and said, it would be
much disliked at Rome : only I must needs
confess I did conceal it after the example of
Chris*-, who commands us, when our brother
offends, to reprove him, for if he do amend, we
have gained him ; yet I must needs confess,
that the laws made against such concealing, are
very good and just, for it is not fit the safety of
a prince should depend upon any other man's
conscience. So that I am verily persuaded, if
they yielded to me, it had been good : but what
their intent and meaning was, in desiring an
army, I knew not, and I was charged not to
meddle therein, no not with the money which
was to be sent for pensions, though it was to
maintain the Title of the king.
The Earl of Salisbury then demanded, To
maintain whose Title ?
Garnet answered, The Title of the king of
Spain.
The earl of Northampton asked him, Why he
did not oppose himself against it, and forbid it,
as he mi^ht have done ? For ' Qui cum possit
' non prohibet, jubet.'
Whereupon G arnct answered, That he might
not do it : and for sending of letters, and com-
mending some persons thereby, he confessed
he did it often, as thev were commended to
him without knowing either their purposes, or
some of their persons ; for he never knew Mr.
Wright, for whom he writ.
The earl of Salisbury then replied to Garnet,
I must now remember you, how little any of
your answers can make tor your purpose, when
you would seek to colour your dealing with
Baynam, by professing to write to Rome to
procure a countermand of conspiracies; and
yet you know, when he took his journey to-
wards Rome, the blow must needs have been
passed, before the time he could have arrived
to the pope's presence, (such being your leal
and his haste for any such prevention) as it was
about the 20th of our October when he passed
by Florence towards Rome.
To which Garnet made no great answer, but
let it pass : and then went on with his Defence
of sending Letters in commendation of many
of those with which he hud been formerly
charged, and so confessed that he had written
commendation of Fawkes, thinking that he
went to serve as a soldier, not knowing then of
any other purpose he had in hand. And as for
sir Edmund Baynam, what lie or Mr. Catesby
intended, he knew not in parjiculnr; only Mr.
Cutesby asked him in generul, the question of
the lawfulness to destroy innocents with no-
rm ts, ns had been before objected against
him ; which at first, I thought, said Garnet,
had been an idle question, though afterwards
I did verily think, he intended something that
was not good. Whereupon having shortly after
this, received letters from Rome, to prohibit all
insurrections intended by Catholicks, which
might perturb this state; Garnet informed
Cutesby thereof! and told him, That if he pro-
24!]
STATE TRIALS, * James I. 1606.— in tfc Gunpowder Plot.
[24*
eeeded against the pope's will, he could not
prevail : but Cntesht refused and said, lie would
not take notice of tlie pope's pleasure by him.
Notwithstanding, he shewed to Catesby the
general letter which lie had received from
Rome, but said he would inform the pope, and
tell Garnet also in particular, wlr.it attempt he
had in hand, if he would hear it; which after-
wards he offered to do, hut Gnrntt refused
to hear him, and at two several times re-
quested him to certify the pope what he in-
tended to do.
And when sir Edmund Baynain (as he pro-
tended) was to go over into Flanders for a sol-
dier, Garnet thought good to send him to the
pope's nuncio, and to commend him to other
friends of his, that they sliould send him to in-
form the pope of the distressed estate of Catho-
licks in England : the rather, that the pope
having a lay-mon there, might be acquainted
with all their proceedings; and that Bayoam
might then learn of the pope, what course he
would advise the Catholicks in England to take
for their own good : but wished Baynain in no
case f» use Garnet's name to the nuncio in
that behalf. .
Then were the two Witnesses called for ;
both of them persons of good estimation, that
wer-beard tlie interlocution betwixt Garnet
and Hall the Jesuit, viz. Mr. Fauset n man
learned and a justice of peace, and Mr. Jx>ck-
erson. But Mr. Fauset being not present, was
«ent for to appear; and in the mean time Mr.
Lockerson, who being deposed before Garnet,
delivered upon h\> oath, that they heard Garnet
say to JIall, They will charge me with my
Prayer for the good success of the ptvat action,
m the beginning of the Parliament, and with
J be Veibts which I added in the cud of my
Fiayer :
' Gentem nufertc pcrfidam
' Credeiititini de hnihus
' I?t Chriato luudts dchitas
' Persoivamtis alacriter.'
ft is true,* indeed, said Garnet, that I prayed
for tlie good success of that great action ; but I
wjII tell thorn, that I infant it in respect of
some sharper laws, which I feared they would
then makengainsti.'atholickb: and that answer
shall serve well enough.
Here Garnet replied, that for tlie two gen-
tlemen that haird the Interlocution, he would
not charge them with perjury, because he knew
flicm to be honest men ; yet l»e thought they
did mistake some things, though in the sub-
stantial parts, he confessed, he could not deny
their relation. And for the main Plot, he oou-
fe»ed, that he was therewithal acquainted by
Green well particularly ; and that Green well
c-uii* perplexed unto nim to njieii something,
which Mr. Cateshy with divers others intended :
to whom he said, He was contented to hear
by him what it was, so as he would not he nc-
knowa to Mr.' Catesby, or to any other, that
be wa* made privy to it. Whereupon father
GreenweH tild him the whole IMor, and all the
particulars ibereof, with which lie protested
vol. ii.
that he was very much distempered, and could
never sleep quietly afterwards, but sometimes
prayed to God, that it should not take effect.
lo that the earl of Salisbury replied, That
he should do well to speak clearly of his devo-
tion in tbat point; for otherwise he must put
him in remembrance, that he had confessed to
the lords, tliat he had offered sacrifice to God
for stay of that plot, unless it were for the good
of the Catholic cause ; nod in no other fashion
(said his lordship) was this state beholden to
vou for vour masses and oblations. Adding
thus much farther, That he wondered why lie
would not write to his superior Aquaviva, as
well of this particular Powder-Treason, as to
procure prohibition for other smaller matters.
Garnet faintly answered, he might not dis-
close it to any, because it was matter of secret
confession, and would endanger the life of di-
vers men.
Whereanto the earl of Northampton replied.
That that matter of confession, which before be
refused to confess, because he would save lives,
he confessed it now to endanger his own life ;
and therefore his former answer was idle and
frivolous.
Then Garnet told the lords, That he com-
manded Green well to dissuade Catesby, which
he thought he did ; and if Catesby had come
to hrm upon Alhullow-day, he thought he could
so for have ruled him, as he would have been
persuaded to desist.
Then said the c.irl of Salisbury, Why did
yon refuse to hear Cate»by tell you all the par-
ticulars, when he would have told you, if you
had been desirous to prevent It?
Garnet replied, That after Green well had
told him what it was which Catesby intended,
and tliat he called to mind what l.ate^by said
to him, at his first breaking with him in general
terms, his soul was so troubled with misiike
of that particular, as lie was loth to hear any
more of it.
Well then, said the ear! of Salisbury, you
see his heart: and then turning to the Lords
Commissioners, he desired leave of them, that
he might use some speech concerning the pro-
ceeding of the state in this great cause, from tl.e
first beginning until that hour; and so be pin
to this effect: That although the evidence had
lK?en so well distributed and opened by Mr.
Attorney* as he hail never heard such a mass
of matter better contracted, nor made more in-
telligible to the Jurv, to whom it was not his
part to speak, nor his purpose to meddle with
Mr. Garnet in ditinity, or in the doctrine c:f
equivocation, in which latter he saw how he
hud played his mastcr-prr/e; yet because he
had been particularly used in this sen ice with
other of the Lords Commissioners, by whom
nothing was more desired, next the gloiy of
(rod, than to demonstrate to the word, w.th
whit sincerity and moderation his majesty's
justice was carried in all points, ho would be
bold to say *-. me what ot the maimer of this ar-
raignment, and of the place where it was ap-
pointed. For tlie first, he said, Tliat seeing
R
2i3] STATE TRIALS, \ James 1. 1(306.-
thcrc. was nothing to which thi* state might '
morr ultribulc the infinite uooduess and bless- '
injjs ot (ioil, than to the [> rot ret ion of the true I
religion, which had p-oumd m> lon«i under (he .
bitter pernvutions of men of his profession ; '
he con fessed, that he hi Id himself greatly ho- |
uomed, to be an assistant amount so many '
great lords at the seat of justice, where God's
c> use should reecho so much honour, by dis-
crediting the person of Garnet, on whom the
common adversury had thought to confer the
usurpation of such an eminent jurisdiction:
for otherwise, wlio did not know, uint the qua-
lity of poor Henry Garnet might hate under-
tone a more ordinary form of trial, and haply
to some other place of lev* note and ohservu-
Uon ? And <o his lordship tin»k au occasion to
declare. That the city of London was so dear
to the kh'£« ami his majesty so desirous to give
it all honour ami comfort, as win n tins oppor-
tunity wa» pat into his hands, whereby there
lm^ht he made so Msihle an anatomy ot popish
doctrine, from whence tlicse t(casou> ka\e their
source and >upport, lie thought he could uot
rhusc a fitter sta^e than the city of London,
which was not orlv n^htlv termed, • The
Chamber of li.s F.iupire/ but was by his ma-
jesty esteemed as his greatest and safest trea-
»uiy ; who iKvountctn no riches comparable
to his suh'uv.s he ins, and acknowledccth that
such a circuit did ueicr contain x> many faith-
fel subjects w:th:ti the walls: a matter well ap-
pe.u:nc to his own eves am."!^: others, upon
i.:c decease \:i the Ia:e queen of precious me-
iii»-\, when he uueminj; most of »he pier* and
pn\wv»ui' severs vf th > ki^v/n. wK» were
wcomjMir.e.i w:;hi. * >ma:i i.umL-«r of nobie
a:u: :a ;t h:\il ten tleinu:, !-a-i set » ihtiu ;u» stated
t*.v»r.i e;.Cr\ n.L:;i[;'v £.i:«-* .•?" :!:> c::\, uut;i
tavy »:.wi puKvkiy licciariM w.;l: ore %o:Ci-.
that they w r..L\i .-.\i- ,i::J. u.i «::;i :re *.;ii£ • ■;:.-
soierc i".*. l.w:. IV \ju, tti« :\.vrt. Mr. Got;-*:,
(sj:.; i: e eari of \l:v .:;\ ::■■.>: I .>u ;re-»* n/.*-
s*-.\ .> : e :ua". ir. whom it J^pcrv:;. '. e>; Wi«."
h-»r.il.% :.eo,v.-..s Lne i*e< : t'jie-'ivi ;..»..;* r tie
i...i.::.e .»:' rei i.o;». wh.ch tcre: *:»rv rau i«*.::
Y+'.'* i.*tivu :' .- -i r-'iov : :o :.-**e a,.7.r.;-.£«L
%h:."-.: .ia:S L\.%.: :. e :.:u:.«:^ ■•:" ruLs* tcc^ue*.
»r.o n^\e .iiw;.y> s^'-.'iU :o j.r-'te ih* trut.T .i
Wj". Of *.•<£■• uiLHice:-: o.i.u",.:i.e* :' e sca:«t
■-> sc :t-/J-r, .-.* j.^j »f.» ;•*< %j^w. M~ C:-u-::w'C. .
t..»i; "...ex \ ■*.-' .ij?;tx:. ■*;•>. '■■.<»*•: : . Vi>-iCi.
* ■ ■
t.-—;. ^e "»%■■•.. :■«:*.•.. ji»e i«:\" j* »ei. ji>
te:o.'^ *" ■ jxv.:.. .*: ^ ■■■ ^.-. . -» a ■.:...>(.-
el:— i. I" : v -v. .-■ ■■. -S1.J ■ .. .
Wtfu r.i:^r. sue :lu: eu." „ -"*;■ :w s:.m ^l ■:•.»■
Cruie uC F.k;u;vvcaL:i:a t'«. ;i.*i"\'.i:< a::-: y.nr
kaffdnm* of o«nrc :.« aeuy a l:\».-^> . u: .; j^c
ke fixseoOKV. that rib» ;u:tr..'cuL..*: :i ^:u.>
aucvfttfiuil by ^cr\ j,j.-i.i£.u> v.' ?«
*• J)m z im CDdirbi Oua :^t jwmte HiUi«
i
"Trial qf Hairy Garnet, a Conspirator \2\4
roust have tx.'eii discovered otherwise by vio-
lence and coercion^ a matter ordiu:\ry <n other
kingdoms, tliough now for horn here : but k is
better as it is, tor the honour of the state, for
sou ere your own words, that you thought it
U'st to tell the truth at last, when you saw you
were conioimded tanta huIh list turn. In which
1 protest, that 1 do confidently assure myself,
that \ou would us easilv liaie confessed vour-
self to be the author of all the action, us the
concealer, but tit at his majesty and my lords
were well contented to draw all from vou
without racking, or any such bitter torments.
Then shaking to Garnet, lie said ; I pray
you, .Mr. Garnet, what encouraged Catesby
that lie ini^ht proceed, hut your revolt hu; hiui
in the first proportion : What warranted
Fa wkes Dul Gatesby's explication of Garnei's
arguments? as appears infallibly by Winter's
confession, and by Fa wkes, that they knew the
poiut had lu en resolved to Mr. Caiesby, by
the best ui>ti.uii;y.
Then Gurnet answered. That Mr. Catesby
was to LUine to make >uch application.
To thai me V-arl rc-pi.td, 'liiat he must needs
be buid witli liim, to drue I; in from the trust
he had, to satisfy t!ie world by ius denials, by
puttir^ hiiu in mind, how alter the interlocu-
tion bctnixt Inn and Lia*!, \M.tn he wascailed
before all the k-rds. and wa^ asktni. not what
he said, but w he: her ll.iii aiai he had confe-
rence together. dos.:ir.j h.m n »t to equa.\ix:ate ;
how st nil \ he dcuieii •( upoh in? »c.;i. reicerat-
vaz it wi;h s:i m.i:i_\ i.ii.:e?tat .t e\tcr.\tiOiia, as
the edr\ said. •: n.% inu i V v r hear; 5 to taar
hint ; uim \i: as >k,.i a> 11.-... ha.; c«tu't>s<d it.
*
he crew a*r:?.4iied, cr:t«i : o L^ro's u<er«.y. ard
sa;u. i«e hua o:;'c:a.-.ieJl it iMuirocatiwa *i«i :ivt
i.t.p Vuiu.
i .» si.:* (:*•■".: ?: -■•■c/v.i. T::a: "'/.i:; one is
.*.««ed a iy.:c>:.»»i: her. ■»«. a iL.A^;scri*:e. ::e w-i*
;; ■: to ■.:■■. i t > a;;vu: L«.:" re >^i_ie wi:;;iice* fK.»
pr.H.iuce»: a^ ■:■:•: n :*;. * ^u:.& r.-r*i» te.ut^r
* j;- v.«re '..:*..■: .' Irrt -. Oarr.^t :uli.:*j ;. •■•
*»::::•: ev ifo.-.-;.* ■:•: k.:» ««..-wi^:r.£to t.s !::a-
je»ty. .-.r.t r-e:^ ^ :z ^'. u^:u ■ ;" :i^e aiis*<r :.e
li; .*.:«. c-v.cfi:-: « :;.e e^^-:r.:nu.*.CiLL.?.- c-: *:'".>,
»;:*Tt:: r* re.ci-reti i.:ui>^.: : ■» :;-e c:>ri<>a '.»f
* N s 5ac.c: j rue—" :* a:iv cixu. ::.-t iiiS a«a-
1 !jcu :*.e >j«l kf Sai «l^rv ijioe i iiu de^j
c.x -lv. f;r :". . * ■*« : e :. r:. "^ ..*::.«:■ in co.*e
*:■■ l--.:..*c ;:.e *..'i's n. « ^>;y or i.ireat B*-*-
:.i..:, : > --i f.;-? Av,-; r. w, : ;... c i :.,iLt :atrir
»« 11 «: -,"e »-^.' uJ*.4 ■.'".'* Tc>a«,l It.*. r»<> ' * ':*£ oj
> « . '. :'. . > * . . " : .■."■>.■ ,'.»i w '"ve, . 'Cx ,-c*o s
;_z:c. r - ■•-..•fc.: j.. v. a., c.wi? »«. - ? r.: icd*a to
3<^ >:."■; -^V > ... CvjS^". l~Jl »J> 1" : c- <tL.ess
: -:»i jr. .:«..: . : .■■-«.. :*i> a-j.-i^.-. ~<%u*i be
z»+ Ls*»: ' :iu. 4 \i\ •■ j.. e -«:'•. ■..■■.■■ a;. • -a. b«-
-caL* .: fc-^ai::- ' w e ^*<*.:*> -.^li- ; ard
»dtfii Je ;::-iersc..v"v: z a; cce p'|.«. ^a«i ccjS£«v1
215]
STATE TRIAU5, Uames I. 1006.— in the Gunpowder l>lot.
[246
To that it was said, That belike the pope
chinged his mind, when the king was so safely
possessed of his estate, and Garnet with his
complices began lo feel their own impiety, and
so as Catesby said to Percy, did resolve roundly
of that Treason, which would speed all at
once.
Then Garnet began to use some Speeches
that lie was nut consenting to the Powder-Trea-
son. Whereupon tlie earl of Salisbury said,
Mr. Garnet, give me but one argument that
j'ju were not consenting to it, that can hold in
any indifferent man's ear or sense, besides your
bare negative, but Garnet replied not.
Then Air. Attoruey-Gtneral spake in answer
to Garnet more particularly, to this effect :
1. For Equivocal i hi, it is true indeed, that
they do outwardly to the world condemn lying
aud perjury, because the contrary were too pal-
pable, and would make them odious to all men :
But it is open and broad lying and forswearing,
oot secret and close lying and perjury, or sweur-
iag a tukhood, which is most abominable, and
without defence or example. And if they allow
it not generally in others, yet at least in them-
selves, their confederates and associates in trea-
sonable practices they will both warrant and
defend it, especially when it may serve their
turn for such purposes and ends as they look
after.
2. Concerning the usurped power of the pope
iu deposing of princes ; neither is it the general
doctriue of the church, as he falsly said, neither
allowed or tolerated by all princes, who are
otherwise of their religion, as may appear out of
the French discourse written to the French king
against the re-adtnittiug of the Jesuitical fac-
tion. And whereas he would pick-a-thanke in
seeming to spare and exempt king James our
sovereign, it is not possible to avoid thoir dis-
tinction of being excommunicated de jure if
not de facto, howsoever it be true also, thai the
pope doth de Jucto curse all hereticks. For
recusants not going to church, the example of
i lie Catholicks not joining in service and prayer
with the A nans, who denied u main article of
ihc Christian creed, doth no ways hold, neither
can it agree to us, of w horn no such impious blas-
phemy can be shewed or imagined. That
Garnet said, he knew tome, who before the bull
came, went nob to church, it may be true per-
haps in some one or two perverted and perverse
men like himself; but whereas he produced the
council of Trent, as if tliere the matter had
been determined, and thereupon inferreth, that
after that all Romish Catholicks refused to
meet with us at Church in time of prayer, it is
a gross error : fur the last session of that coun-
cil was in the year of our Lord 1563, which
was in the fifth year of queen Klizabeth ;
whereas I shewed, and am able to justify and
prove, That their Romish English Catholicks
caue to our set vice in our churches until the
uineteenth year of her majesty, which was many
years niter that council was ended.
Concerning Garnet hinuelf; 1st, For that
answer of his, That he knew of the Powder-
Treason by confession, it is true which before
was spoken, that such acts as this is, Nan laud-
antur nisi per act a, are then only commended,
when they are performed : but otherwise, first,
Green well*s was no sacramental confession, foi
that the con fi tent wa& not penitent : nay,
himself hath clearly delivered under his hand
that the Powder-Treasou was told him, not
as a fault, but by wuy of consultation and
advice. 2dly, It was a future thing to be
done, and not already then executed. 3dlv,
Greenwell told it not of himself, that he should
do it, but of Fawkes, Percy, Catesby, Winter,
and others; and therefoie he ought to have
discovered them, for that thev were no conn-
tents. 4thlv, lie might and ought to have dis-
covered the mischief, far preservation of the
state, though he had concealed the persons.
5thly, Catesby told it unto him extra confes-
sionemf out of confession ; saying, they might
as well turn him out, as have kept him out.
Lastly, By the common law, howsoever it were
(it being crimen hcta Majcstatis) be ought to
have disclosed it.
Now, for that Garnet denied that he was a
principal author and procurer of this Treason,
but only that he had received knowledge there-
of; th?, contrary is clear and manifest, both
out of his own confessions, by himself acknow-
ledged, and apparently proved, in that he re-
solved Cateshy concerning the lawfulness and
merit thereof, and that he prayed for the good
success of the Powder-Treason, which is more
than either consultation or consent. Besides,
he must remember him of the oid versicle,
* Qui non prohibet quod prohibere potest cou-
' scutire \idetur.* Garnet might have com-
manded Greenwell, that told him of the Pow-
der-Treason, to have desisted, but did not : But
Greenwell went still on with the Treason, and
when it was disclosed, went into the country to
move rebellion, which doubtless he would never
have done, if Garnet had forbidden him ;
therefore, he said, he might say with the orator
Tuliy, ( Cui adsunt testimonia rerum, quid
* opus, est verbis?' Moreover, Mr. Attorney
added, how Garnet writ first for Thomas Winter,
then for Kit Wright, after that for Guy Fawkes,
then for sir Edward Bayuam, and afterwards
for Catesby, for a regiment of horse; and that
Garnet was for the Infanta, and by his briefs
intended to keep out the king, except he should
tolerate and swear to maintain the Romish
religion.
Then Mr. Attorney spake of the Interlocu-
tion hctwi:vt Garnet anil Hall, and said, That
in all their speeches they never named God,
nor confessed their innocency : But as soon as
they spake together, Hall spake first ; and then
Garnet said he suspected one, whose name
they that were set to overhear them, could not
hear, to have di^-losed something against them r
lint it may be otherwise, for he said he was
much subject to that frailty of su>picion. He
said he received a note from Ronkwood, that
Green we'll was gonu over seas; and another,
that Gerrard was gone to father Parsons, and
217] STATE TRIALS, 4 James I. \(m.— Trial of Hairy Garnet, a Conspirator [24S
that mistress Ann was in town, meaning mis-
tress Ann Fawkes, un>1 many other things were
by them uttered in that conference.
By this time came in Mr. Forsct, who being
deposed, atiirmed likewise, that their Examina-
tion, and the matter therein contained, were
true : saying further, that both of them took
notes ot that which they heard from Garnet
and Hall, as near as possibly they could, and
set down nothing in their Examinations, but
those things, wherein both their notes and per-
fect memories agreed and assented ; and that
many things that were very material, and of great
moment, were left out at' their examinations,
because both their notes and memories did not
perfectly agree therein.
And now one of the Letters, which were
written with sack, was shewed to the court ; by
which app cured that Hall and Garnet had in-
terlocution together. Mr. Attorney here in-
ferred that the necessity cud of justice was ut
pana ad paucos, mclus ad unities peridental ;
and urged the Examination of Garnet, where-
in he confessed tint when Tesmond alias
Green* ell, made relatiou to hiin of the great
blow by the Powder -Treason, who should have
the protection, Green well said, the lords that
should be left alive should chusc a Protector.
And further, Mr. Attorney urged the writing of
another letter, written with sack, to Sayer
alias Kookwood, a priest m the Gatehouse :
But of this point much is formerly mentioned.
Here Mr. Attorney ending, my lord of Nor-
thampton spake to the prisoner this Speech fol-
lowing :
Earl of Northampton. Though no man
alive cm be less apt or willing than myself, to
"add the least grain or scruple of improvement
to the weight of any man's calamity, that groans
under the heavy burden of a distressed stau?,
Vel gravatis addei e gravamina, whereof I have
as many witnesses as tlie world hath eyes ; yet
as the case stands now in this Trial, Mr. Oar-
net, between my dear sovereign, ex cujus spirt-
tut as one said of Alexander, nos omms spirit-
um ducimus ; and you that were so well con-
tent, to let the course of conspiracy run for-
ward to the stopping of this breath before the
time, which God by nature doth prescribe, be-
tween his honour and your error, his just pro-
ceedings and your painted shews, his sincerity
and your hypocrisy ; I could wish it possible
that in any person of some other quality, you
might hear the echoes of your un perfect and
weak answers, and thereupon judge more in-
differently and evenly of the true state of the
cause than you have done hitherto ; being dis-
tracted with tisir, or forestalled by prejudice,
or, to borrow your own phrase, which is more
proper to the point than any I ran u«e, op-
pressed Uinta tiube ttbtium, with so thick a
cloud of witnesses, as concur with one voice,
heart, and spirit,, for the confusion of your au-
dacity.
I confess that never any man in vour state
{ave lets hold or advantuge to examiners, than
yqu have done in the whole course of proceed-
ing to us that were in Commission ; sometime
by forswearing, as upon the Confession of Hall
your fellow ; sometime by dissembling, as
about tlie places of your rendezvous, which
was the Lapwing's Nest ; sometime by earnest
expostulation ; sometime by arliticial equivo-
cation ; sometime by sophisticating true sub-
stances ; sometime by adding fata qualities;
yet sat superest, as may appear, to the defeat
of yonr inventions, and the defence of the
king's majesty, quia magna ist ztritas, et pr«-
vulct.
Your parts by nature dimply considered and
in another person, would rather move compas-
sion, than exasperate humanity ; lor whom
would not the ruin of such a person touch, as
is in appearance temperate, and in understand-
ing ripe ? But our end at this time is the same
with Decius in l.ivy. nt quern vos obrutum rtli-
quistis ignem, &c. that we may q a nub that
fire by prevention, which you have only raked
up in ashes ; ut novum darct incendium7 that it
might cause a new combustion so soon os it
might hit upon matter that were fit and suita-
ble. Wherefore I must rather draw your an-
swers to the true touch for discharge of rumors,
than vcrbtrurt tier an, beat the air : For the
substance of all vour evasions and sly shifts, is
as the inn-keeper of Chalcus confessed of his
dishes to his guests, admiring tan tarn J'trculo-
rum dircrsitatem. that thev were only coin-
pounded of pork, howsoever your tine cookery
mav varv them.
The two Bull » that in the late queen's time
entered the laud (with a purpose by their loud
lowing to call all their calves together, for the
making of a strong party, nt the shutting up of
the evening, against your dread sovereign)
were grazed in your pastures, Mr. Garnet ; or
to speak more properly (because they durst
u either endure the light, nor admit the air)
they were stall- fed at your crib, as yourself
confess ; and therefore serve tieuuamt ex ore
tuo tcjudico. And what answer make you to
this ? Marry, that the purpose was imparted to
very few ; so much the uorse : For out of pu)>-
lication grows discovery ; and yet experience
hath justified, that those very few were the
very souls and spirits of that pack of conspira-
tors, and such as for want of patience and tem-
perance to tarry the time, whe* the game had
been brought to bearing, should have played
the chiefest parts in the late snioaking tragedy.
You say the Bulls were after sacrificed in the
fire by yourself: But not before the king's good
angel had cut their throats, and the best part
of their proof were past, and your hopes dead
of that good w Inch in likelihood they should
Iia\e brought with ihem. For to what use
could these dumb beasts serve, in seeking to
prevent that lawful and undoubted right,
which heaven had now proclaimed, and enrlli
acknowledged ? Rut let the proof be what it
will, I look into tlie root. I wonder, Mr. Gar-
net, what apostle warrants you in undertaking
wicked Plots, in hope that good may follow ;
neglecting what all laws, and the Jaws of Eng-
24-J]
STATE TRIALS, 4 James I. 1G06.— in the Gunpowder Plot.
[230
Itnd above mil, what all states and nations con-
clude of men, that ?lily practise and combine
for anticipation of the future rights of lawful
successors.
In excuse of Letters written with vour own
band by Thomas Winter to father Creswell,
when he was employed about the procurement
of an army to invade with supplies of treasure
proportionable for the quicker execution of so
desperate an enterprizc ; you answer, that the
persons were commended in your letters, not
the plot: ipectutum admixsi, ritutn tencatis,
unci t as though the minister had any other
errand or instruction, than the main plot itself:
at though you, Mr. Garnet, being then Magi*-
ter i» Israel and Hector Chori, could or would
be ignorant of their prefixed end ; as though so
grave a person as yourself, were likely to set
bis hand to blanks like a baby, and to leave
the rest to the disposition or a man wholly
transported with Aery humours : Or, as though
n this very point other men's confessions in
particular, besides your own in generality, had
aot left us marks and traces evident and plain
enough to descry doublcness with diversity.
You confess pritity to a practice, but not for
an army ; foreknowledge of a course for getting
treasure, but with a purpose, as you conceived,
to employ it wholly tor the relief of cathoheks.
So as the reason of the reserved n ess of Cates-
by, Winter, and tlis rest toward you, must be
undoubtedly their suspicion of your over great
•section and duty to the queen : For other-
wise it is certain they would have trusted you
ss well with their intention, as with their
nrans ; with their hopes, as with their instru-
ments ; especially considering how hard it was
far them to compass their own vast defies,
without help both of your credit, and of your
iadnstry.
Wright was in like manner, and with like ex-
pedition, commended by you afterward for tlie
quickening of Winter's project, if any life were
is it, upon the slacking of the passions of Spain,
with the propositions of peace, that no time
■iglit be lost, no stone left un removed that
sight give a knock to the pence of our policy ;
yoar head wrought upon all offers, your head
•alked iu all regions, your spirit steered all at-
tempts and undertakings : and yet if protesta-
tions, qualified and protected by equivocations,
any carry weight, all this while your mind was,
as good pastors ought to be, patient, your
thoughts were obedient, and your counsels in-
nocent. Dot now to search your cunning some-
what nearer to the quick, we must observe, that
when your hopes of invasion began to cool by
likelihood of peuce, your desires of supplies by
the cold answers that came from Spain, your
expectation of new mischief, to be wrought at
home without com plots abroad ; when malice
its* If was ca* into so desperate a swoon, ns
imtiiIkt Kosasolis when Spain relented, nor Is-
cobah when Tyrone submitted, nor dissension
within the kingdom when discontentments end-
ed, could pot it by any fresh adventure into
bfe; when ye* for your own part, Mr. Garnet,
having been once washed and regenerated in
the fountain of the king's true pardon, from the
leprous spots of former treasons, were deter-
mined to begin upon another stock, and return
as a dog to the vomit : though washing can avail
no man (as the preacher warns) that iterum
tangit mortuum, toucheth the dead the second
or third time after he huth been made clean ;
for secretly Catcsby resorts to . you, as Maho-
met might to Sergius, for now I speak according
to the matter, and not the men, to enquire whe-
ther it were lawful, considering the necessity of
the time, to undertake an euterprize for the ad-
vancement of the Catholic religion, though it
were likely that among many that were noccnt,
some should peiish that were innocent. A man
that is religious in any kind, or but morally ho-
nest in his own kind, would expect that a priest,
a Jesuit, (which title doth imply salvation, and
not destruction ; nay the Superior of English
Jesuits) upon this rash demand, should have re*
sorted for a safe resolution to God's own book;
where he should have found that God was
pleated to withdraw his wrathful liand from So*
dom, so as there had been only decern jutti, ten
just men within that town, and for their sakes;
that the wise householder in St. Macthew, mark-
ing liow hard it would be before the corn was ripe
to make separation, gave order to his servants
to abstain from plucking up the tares, nt simul
eradicarent crif if urn, lest withal they plucked up
the wheat by the roots. Ye should have found in
the stories of the church, thut the godly bishops
in the first spring of religion, suspended process
against the Priscillian heretics, ne Catholici
cum Mis pcrirent, lest the Catholics might also
perish with them. And the church ot Milan
taxed Theodosius the emperor, quod intontes
una cum sontibus true id asset, that he had pro-
ceeded both against the gnilty and the guiltless
with one stroke, and in one measure of severity.
But far beside the warrant either of hol^r writ,
or holy precedents, your answer, Mr. Garnet,
was such, as I both abhor to think, and quake
to utter ; that if any great advantage were to
grow to the church this way, they might destroy
them all.
Tanttrne animis calestibus ira f O Mr. Gar-
net, be not offended though I ask of you, as a
worthy emperor did once of a traitor in a case by
many degrees inferior to this, QuiJ/acit inpec-
tore humann Inpi ft ritas, canis rabies, serpentit
vencnum ? Tint that which ought most to tor-
ture nnd tifiiicr the spirit (if you be the child of
him whose name and badge you hear) is, that
your doctrine was confidently delivered, and so
speedily digested, nnd converted to nutriment
from such a mouth as yours, considering that
(according to the prophet) knowledge should
depend upon the lips of a priest, as Ilookwood,
Bates, and other?, that did shrink at the horror
of the project when it was first laid down, re-
ceived satisfaction upon the very sound of your
assent, though masked with the title of a man,
as grave and learned as any in the land. And
Catrshy doubting of the fickleness of men's af-
fection^ in cn»*es that concern the soul, used
251] STATE TRIALS, 4 James I. 1006.— Trial oj Henry Garnet, a Conspirator [252
your admittance as a clmrm or spell, to keep
quick spirits within the circle of combined fiith;
which oihcrwi.se perhaps, when hell brake loose,
would have bought liberty. Your charter only
(whereupon I beseech you for your own soul's
health, to meditate lor the time you tarry in
this world) for the base whereon some grounded
their bud conscience iq proceeding with this
plot, not only to the destruction of ititir bodies.,
but to the peril ot* their souls, without sound
and true repentance, winch by the merit of
Christ's Passion will s?rve m quacunqut horn
peccator inganucrit. For though Christ were
joyful that he had not lost one of those whom
his father gave him in charge, and came to
save and not to destroy ; yet jour advice was
to destroy them ail : such was your burning
charity !
Some mail surprized w ith a question upon the
sudden, might answer sharply and shrewdly at
some time, I confess, without thinking or in-
tending ill : but this man, Mr. Garnet, cannot
be you, that have confessed clearly under your
own hand, your bU»picion and fear of some mis-
chief purposed and intended in their hearts, by
this quick tjucstiou of uoceiits and innocents :
and therefore quod duh'Uax nej'eceri*. It seems
the heart of Caleb by was a fertile soil for sprout-
ing of stinking wveds hastily, into which the
seed of vour &ecui inj; contidence was cast. For
the Powder Plot, which in January was barely
embryo, became format in jlrtus in the March
next following; it quickened the next Decem-
ber, when the pioneers began to dig in the thick
wall: C'atesby not long alter imparted his con-
ceit secretly to you of the great likelihood he
foresaw of a lucky time of birth; and thereupon
was Guy Fawkes sent over by your knowledge
and encouragement, to deal with sir William
Stanley, about the drawing down o( forces some-
what nearer to the sea side tor speedy trans-
port, which if need were, might carry torches at
the soltmuity. But what is your answer to this
employment of Guy Faw kes ? Forsooth, that your
purpose was only to commend him as a sol-
dier, but not as a conspirator. O unlucky trea-
son, that comeb to be excused by so poor an
advocate! when Fawkes linn- elf meant nothing
le?s than to be a soldier, having so strange a
part to play soon after in the Powder Train, but
u>ed this retreat as a colour to disguise the se-
cret purpose that did only tarry lime, and to
eschew those watchful eyes, that nearer hand
would have observed both his inlets and his out-
lets in that place more narrowly. The point is
clear, the confessions are direct, the purpose is
palpable. All the lines of your level are drawn
to the center of the Powder-mine. All letters
are cither drawn or interlined manu tcorpiomt,
to use the word of Hier.uiic; an I yet under
pain of cfiisure we must believe, That all tins
while \ou were in charitv, because all this while
(which it grieve* im* to remember) you were
not afraid to communicate.
But now to weigh your Answers tliat concern
the Powder-Plot itself; which is paramount in
respect of the longitude and latitude to all that
have been or ever shall be: yourself cannot
deny, Mr. Garnet, that fireenwell's overture*,
as you say in coiuession, coming after the no-
tire which you took of Caiesby's question abcut
innocents was but a fruit of vour own doc-
trine, an etfect of your own instruction, and
a conclusion drawn wholly out of your own
propositions and principles. Now when w*
press to know what reason drew you to the
concealment of a project ho pernicious both to
prince and stale, without revealing it cither to
the king himself, tunquam prteceilenti, to use
St. Peter's term, or to his ministers subordi-
nate : you start to the shift of confession for a
formal help, which comes too short in respect
of C'atesby's first discovery, which your own
words aver plainly to have wrought with you.
I will not argue hi this place wliat course a
confc*S'ir should take, or how far he ought to
t train for the securing of a prince's life, that
otherwise is sure to perish by the rai^c and ig-
norance invincible of a base villain, (whose ltle
answers not in value the least hair of a prince's
head) because time sutlers not : but 1 am sure
that for a matter of less weight than this, and
a crime of less importance than the life both
oi' prince and state ; confession received a deep
wound for a long time, more than a thousand
years past, in the church of Constantinople.
For God forbid that matters of such weight
should hang by such feeble threads. But to
this excuse of tenderness in the point of con-
fession, I would answer by making a great
doubt, Whether this course of conference
were a confession or not ; for against your
bare words, which eq invocation supports, I
object some likelihood, Tint since you kneeled
sometimes, and sometimes wulked up and
down ; since matter of conspiracy were inter-
laced with matter of confession, not for ease
of conscience as should appear, but for advice
in execution ; since Greeuwtll was absolved
instantly, which excludes the shift of reference:
and Grecnwcll should be found to Ivc to the
holy Gho»i in rase tin-, wcic a true confession :
in promising, Mr. Garnet, as you say, to dis-
suade the project which he prosecuted even to
the last point, as is evident, and after the
powiler camp bruke up : 1 conclude that thov
this discovery were by confession, yet it was no
supersedeas to your former knowledge from
Cateshy your trusty friend ; and if it were none,
then it can be no protection for faith putrified.
What need wc seek light through cob we I >-
lawns, when the drift of vour wliolc device in
seeking to conclude from one, what you learned
of another, and from all wh.it you alloc ted and
abetted in your heart, doth evidently prove
your counsels to have boon carried along with
such a temper of rescrvedness, as whensoever
mischief should be brought to light, the world
might rather wonder at your cautiou, than
commend your fidelity.
By shaping such weuk Answers to Demon*
strations so manifest, you must either work by
the ring of Gyges, in making your audacity
and presumption invisible, or hold a very weak
253]
STATE TRIALS, 4- James I. 1606.— in tfte Gunpowder Plot.
[254
conceit of oor capacities, in supposing that
ti)*y can l>e cither dazzled or deluded by such
tur sophistry. For though you pretend to
ve received a deep wound in conscience at
the first revealing of the plot, to have lost your
sleep with vexation of spirit, to have ottered
and prayed to God for lus preventing grace, to
have required Green well's help and furtherance
in crossing and diverting the design ; yet all
this while you suffered the project to proceed,
tou helped and assisted their endeavours that
•ere labourers, you wrote earnest letters both
lo Baldwin and to C res well for their further-
ance of ordinary means ; you gave order for a
prayer to be said * by Cathohcks for their pros-
perous success ; you kept measure with the two
irst dimensions of fryur Bacon's brazen- head ;
Time is, Time was, till, thanks be to God, the
third Time was past : you had ever an ear open
to listen tor the crack, and were in the same
a;ony for the Powder-Plot, that Charles 5 was
iur the pope's duress, giving order in all his
dominions, that prayers should be made for
4ris release, when in the mean time he kept and
held han in his own hand prisoner. The least
word of your mouth, or labour of your pen,
might have secured both prince and state,
while you pretend to have broken both your
sleeps and your brains, aud that with a greater
advantage to the cause which you would ad-
vance, than can ever grow by combustion and
conspiracy. But your tenderness lierein was
tunable with another dutiful desire of yours to
dissuade Cate*by irom the plot, at his coming
into Warwickshire, who never meant to come
ituthert but as to the rendezvous, when the
frfuiuunent had lieen blown up, and the storm
had been blown over. It may he that your
mind was perplexed and disquieted upon the
meditation of strange events ; for so was the
mind of Cain, AchitophcJ, and Judas that l>e-
'trayed hi* master; the reason is very pregnant
io the word of God itself, That rum sit timida
ntyititia dut testimonium eondemnationis, since
wickedness is cowardly and timorous, it gives
ctuleuce of condemnation against itself; et
temper prtrtumit xttva ptrturbuta contc'icntia :
hn Sutuu prevailing his aupeU execute.
I will now conclude this address to you, Mr.
(iaruei, by observing some s}>ecial paints how
atrangelv aud preposterously the devil in his
iatt Project of Powder hath altered his old pro-
perties. For tlie curse that God laid upon the
Nrrpent after the first transgression, was ut
gradirtlur super ptctus tuu/n, to creep upon
iii» breast : but now we rind him mounted upon
the wings of an espraie to the highest region
of the air, and among the tire-works. I he
'iiher part of his curse was, that he should cat
Puhereui; that is, dust or powder : hut now
•'ace Sodom was destroyed hy sulphur, mid
(he wife of Lot transmuted into suit, the proper
material* of that mean hy which Satan wrought
in tins hot fire ; it appears thut the Serpent from
toting powder, winch was a plain dev'cc, fell,
fa a worse purpose, Co snutf gunpowder. Then
the serpent dia insidiari cakanec, now capiti,
from which the body draweth both sense and
influence. Then he began to Eve, with a mo-
dest question, Cur pracepit Deus ¥ Why hath
God commanded ? now with a resolution, pracc-
pit Dcut, God hath commanded. His words
in those carried a flourish of great comfort,
Ncquaquam morietuini, but now terror, Mori-
em mi : fur a great advantage destroy them all.
The deiil at that time did onlv nibble about
the text of holy writ, tanquum mm ponticus, as
Tcrtulhan terms Marcion : but now he draws
the grounds of equivocation concerning princes
lives out of the very scripture and by scholasti-
cal authority. Satan tempted Christ with a
fair offer, dandi omnia, of giving all upon the
top of the pinnacle: but now he sets upon the
great lieutenant of God's authority and dignity,
with an auj'eram tibi omnia, both life and crown,
ex penetraiibus ubi Christus non e$t, as we are
taught by his evangelist. The dragon's ambi-
tion extended no further than the sweeping
away with his tail of the third part of the stare
in the firmament : but now the plot of him and
his disciples, was to sweep away the sun, the
moon and the stars, both out of Stnr-C number
and parliament, that no light be given in this
kingdom to the best labourers. In the time of
Saul, the devil was so modest, as to suspend
his illusions and oracles till the visions ot the
prophets begsm to cense : but now though we
have both Moses and the prophets el jirmiorcm
sevmonem prophetic urn y yet he rustles among
the robes, it maud it a J'andit oracuta. In the
beginning of the Christian church, the very name
of Christ was sufficient t<> make Satan pack,
and to quit the possession of torment e I men :
but he hath learned a more cunning trick of
late, under the banner of Christ to tight against
the lieutenants of his imperial majesty. Jn
one point I find no change; that i«, in labour-
ing and working hy all means to draw men
from their trust in God'* direction, to a tickle
kind of confidence :n themselves, and their own
weak knowledge of good and ill. And as tint
error was the cause of Adam a exile from Pa-
radise which was hurt us eonctusus ; so had
such another almost divided us and our heirs
both from our lives and t:tues: Et penitus
toto divtsos orbt Brilannos.
1 have stood the longer on this point, to let
ycu know how icily, and yet how wilfully you
strive both against the providence of God, and
the justice of the land, Qua tuo te jugvlavit
fitaaio : The more you Lihour to get out of the
wood, having onre lost the right way, the
further you creep in. For the wisdom of the
woild is lolly Ik lore God: and impossible it is,
that those counsels or proceedings should either
have good proof in this world, or reward in
the next, that arc emhrued with blood, and
pursued with tvrannv. If then there be no
other way to heaven than by the destruction of
God's anointed and their heirs, 1 will conclude
with you, Air. Garnet, as Constnntius did with
A«cesitis, Krtgtto tibi sen taw, et in art am solus
uscetuhto ; Set up a ladder for yourself, and
climb up to heaven alone ; for loyal minds will
253] STATE TRIALS, * James I. 160fi.-
not suit themselves with such bad company.
The worst 1 wish to jour person standing now
to be convicted W the bur, is remorse and re-
pentance for the safeguard of your soul ; and
for tbe rdt, Fiat jattitia, currul Ur, it vincat
Hereunto Garnet said, That he had done
mire than lie could excuse, and he had dealt
plainly with them, hut he was bound li> keep
tin secrets of Confession, and to disclose nothing
thai he heard in Sacramental Confession.
Whereupon the earl of Nottingham asked him,
if one confessed this day to him, rlial lo-nmrrow
morning be meant to kill the king with n dag-
ger, it' he must conceal it? Whcn-uiit-i Gurnet
answered that lie must conceal it. Then the
earl ut" Salisbury desired liberty of him to ask
him siiuic questions of the nature of confes-
sion. Garnet Mid, His lordship might, and he
would answer him us well us he could. Why
then (said he) niust there not be confession.
and cotitriiion In-fore absolution ? Ye*, said
Garnet. — Then he deniuiided whether Green-
well were absolved by him or no > Garnet said,
He was.
The Karl then asked him, What Green well
had dime, In shew that he MH sorry for it, and
whether did he promise to desist? Ganiel
answered, that Grccnwell stiil, lm would do
To that the Karl replied, tint it could not be
10 ; fur us soon as L'utcsl-v mi'l 1'ercy were in
arm,, Grcenwell came tu" the 1.1 tioiu Garnet,
and ».> went from them tn Hall at. .Mr. Ahine-
lon's house inviting them Mint earnestly tu
e>ime and assist th>ise gentlemen in Ihul ac-
tum. Hereby, Biiitli he, it appears, that i iiher
G re vil well told you out ul cntite'siim, and thru
there needs no sterccv; nr if it wire in con-
fession, he professed no pi nitency, and there-
fore von could not Brooke him. To which the
cnrl added, That this one circ mil stance lmisl
^•■•1 1 bo reuienibered, and caiini.t be cleared;
That nhen Grecnwcll told you what Cutcsby
mciint in pti titular, and you then called li>
mind also what Liileshv had spoken tn you in
the general before, if you hud nut been «n
desirous to have the plot t.'ike effect, ynu might
have disclused it out of your grown I knowledge
from Cutesby : but wheo
deliver yon the- '"
-Trial of Hairy Garnet, a Conspirator [238
die epcuud, he said, Tlint lie was only glad
tlui i the world might tins' «ee, that Jesuits were
condemned by Jesuits; and treason and trai-
tors hid n.iki;d by tlie traitors themselves : yea,
Jesuits by that Jesuit, that governs all Jesuits
here, and without whom no Jesuit in England
can do any thin;.
Garnet (us it should seem) being here
migiilrly uuched with remorse of his olfenr-e,
[irayeii'Goil and tin; kins, I hat other Catholics
mighl not fare the worse fur his sake.
Then the earl of Salitbury snid, Mr. Garnet,
is it not a lameutnble tliiiia, that if the Pope or
Claudius Aipinviva, or yourself, enmniand poor
any thing, Lluit thcyroust obey you,
though it he to endanger both body und soul.'
And if yuil maintain such doctrine among you,
how can i ' e king be safe Ms it not time there-
fore, the king and the state should look lo yon,
that spend your time thus in his kingdom i
(iainct said very passionately. My lord, I
wmdd to Trod I had never known of the Pow-
der-Treason.
L. (,'. J, Garnet, you ere Superior of the
Jesuits ; and if you forbid, must not the rest
obey? WttS notOreenweU with you half anhour
at nr Litrjrd Digby's liouse, when you heard
not there
ther? Did you not send him to Hall, to Sr.
Abitig ton's liouse, to stir him up lo go to the
rebels, and encourage them ? yet you seek (e
colour all this; hot that's hut a mere shift ill
you. And notwithstanding all this, you said,
No man living, but one, did know that you
were priiy lo it: tlitu helike some (hat ore
dead did know it. Calesby mis nevsr from
you (as the gentle unman that kept your house
with you ritnfe-wdj and by many apparent
pr.,..(.. in l.ni |.i..uni|iii.|in, .(.u ofi* ■•
eiery particular of this netioti, and directed
and commanded the actors : nay, I think verily'
you were the chief that moved it.
Omiul said, No, my lord, I did not.
Then it was exceedingly well urged by my
L. ('. Justice, how he writ' lus letters for Win-
ter, Wright, I'uwkes, Baynniu, and Catesby,
principal actors in this inutchless Treason.
Besides, his louWiip told hun of his keeping
Ma two Hulls to prejudice the king, and to do
other mischief in the realm; which, when he
iw the king peaceably to come in, then bong
at of hope to do any good, he burnt them.
Here Mr. Attorney caused to be read the
Confession of Hull, alias Oldcome, the Jesuit,
his own luuul (which he said was Garni
ionemmnn) against him; wherein he con-
that Humphry Littleton told him, that
. _>sj and others wen- son; hurt with Powder,
-.aid that he was exceeding sorry ttiit
thing* took no better effect; whereat Hall
wished him not to he discouraged, nor to njea-
- n re t. lie cause by the event : For though the
. i. ■ , , , tribes of Israel went twice by the ept-
" commandment uf God atpuist the tribe of
attain, yet they both tunes received the
So Lewii the French king in ha
£37]
STATE TRIALS, 4- James I. 1G0G — in the Gunpowder Plot.
[253
vnyojo into the Holy Laud against the Infidels,
wa* overthrown, and his whole army discom-
fited, though his cause were good. And so
likewise the Christians, when they defended
.Rhodes ngainbt the Turks lost the city, and
the Turks hud the upper-hand. And -this he
confessed, and applved to the foot of Catcshy
and others for the Powder-Treason ; and s;iid,
It would have been commendable when it hud
been done, though not before.
Alter this, Mr. Attorney opened, how Fran-
cis Trcsham, a delinquent ttomauist, even in
articulo nioitis (a fearful tiling) took it upon
his salvation, That he had not seen Garnet
ia 16 years before, when Garnet himself had
con] eased lie had seen him of; en within that
time ; and likewise, that Garnet kiK.w not of
the Spanish Invasion, which Cramer himself
confessed also, and which two things Tic&ham
himself had fumierly confessed to the lords :
Vit for :i Recantation of these two things upon
his death-bed, he commanded Vavasor, Iris
man, whom J think (s.iid Mr. Attorney) deeply
guilty in cM> Treason, to write a letter to the
earl of S:;)»>hury. And to shew this his des-
perate Kcoa station, Mr. Trcsham's Letter was
offered f«> he read.
But before the reading thereof, my lord of
Salisbury said, because there was matter in-
cilent to him, .ind to that which should he
read, lie thought fit to say something. To
which purpose he said his de.-ire was, tiuly tr>
lay open what cause there was far any faitn to
be given to these men's protestations ; when
they, to colour their own impieties, and to
fclauder the king's justice, would go about to
excuse all Jesuits, how foul 
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